President Trump and his DHS Secretary Kristi Noem just got a big win from the 9th Circuit in San Francisco, with the appellate court siding with them on ending TPS for illegals from Nicaragua, Honduras, and Nepal.
Here’s the news from Bill Melugin:
BREAKING: The San Francisco based 9th Circuit Court of Appeals has issued an order siding with DHS on termination of Temporary Protected Status (TPS) for migrants from Nicaragua, Honduras, and Nepal, freezing a lower court order that vacated Secretary Noem’s decision to end the TPS protections.
The 9th Circuit writes:
“The government is likely to prevail in its argument that the Secretary’s decision-making process in terminating TPS for Honduras, Nicaragua, and Nepal was not arbitrary and capricious. Specifically, the government can likely show that the administrative record adequately supports the Secretary’s action, that the TPS statute does not require the Secretary to consider intervening country conditions arising after the events that led to the initial TPS designation, and that the Secretary’s decision not to consider intervening conditions does not amount to an unexplained change in policy.”
BREAKING: The San Francisco based 9th Circuit Court of Appeals has issued an order siding with DHS on termination of Temporary Protected Status (TPS) for migrants from Nicaragua, Honduras, and Nepal, freezing a lower court order that vacated Secretary Noem’s decision to end the…
— Bill Melugin (@BillMelugin_) February 10, 2026
Noem herself wrote:
A win for the rule of law and vindication for the US Constitution. Under the previous administration, Temporary Protected Status was abused to allow violent terrorists, criminals, and national security threats into our nation. TPS was never designed to be permanent, yet previous administrations have used it as a de facto amnesty program for decades.
Given the improved situation in each of these countries, we are wisely concluding what was intended to be a temporary designation.
Good. It’s stunning that the 9th Circuit is pumping out good decisions these days.