A federal judge in California has delayed the Trump administration’s decision to end temporary protected status (TPS) for immigrants from Honduras, Nicaragua, and Nepal, accusing the Department of Homeland Security (DHS) of making decisions driven by racial animus and failing to follow proper procedures. This ruling is part of a growing wave of legal challenges the Trump administration faces as it seeks to expand its deportation agenda.
Judge Trina Thompson, a Biden appointee, issued the order, stating that the actions of DHS Secretary Kristi Noem were likely ‘preordained decisions’ that violated the Administrative Procedure Act and were motivated by racial prejudice. Thompson criticized the administration for its approach, which she said forced immigrants to ‘atone for their race’ and left them with no choice but to leave the country due to their names or ethnicity. She emphasized that the court was not in agreement with these claims, stating that ‘Color is neither a poison nor a crime.’
The lawsuit was brought by a group representing TPS holders, including some who have resided in the U.S. for over two decades. These individuals have relied on TPS to provide basic forms of security, such as stable housing and the ability to work, during periods of crisis in their home countries. The attorneys argued that Noem’s decision to end their TPS status was not based on an individualized analysis of each country’s circumstances, as required by law. They also pointed out that the 60-day notice period given to the immigrants was historically short, further exacerbating the hardship faced by those affected.
Attorneys cited numerous examples of the Trump administration using racist language to justify TPS decisions, including references to MS-13 gang members, murderers, terrorists, and even claims that Haitian immigrants were eating Ohioans’ pets. This type of rhetoric, they argued, reinforced the idea that these immigrants were a threat to American society, despite the lack of evidence supporting such claims.
The TPS program allows the Department of Homeland Security to grant temporary residency to immigrants affected by extraordinary circumstances in their home countries, such as wars or natural disasters. The plaintiffs argued that Noem’s decision would result in approximately 61,000 people losing their legal status, including work authorization and the ability to live in the U.S. The administration has defended its actions by citing the statute that grants DHS secretaries sole discretion over TPS designations, asserting that Noem should be allowed to end the status using the same authority that past secretaries used to grant it.
Despite the judge’s decision, the Trump administration plans to appeal the ruling. In May, the Supreme Court had already sided with the administration in a case related to TPS for Venezuelans, allowing Secretary Noem to end the status for around 350,000 immigrants. Thompson’s decision, however, will remain in place until at least November, when the next hearing is scheduled.