Politics
U.S. Court Overturns TPS Terminations; DHS Ends Somalia Status
The U.S. District Court for the Northern District of California has ruled against the Department of Homeland Security’s (DHS) decisions to terminate Temporary Protected Status (TPS) for individuals from Honduras, Nicaragua, and Nepal. On December 31, 2025, the court found that DHS did not follow proper procedures as outlined in the Administrative Procedure Act (APA). The ruling concluded that DHS had failed to conduct a thorough assessment of the current conditions in these countries and did not consult with other federal agencies before making its decision.
The case stems from a lawsuit filed by the National TPS Alliance and other plaintiffs on July 7, 2025, after DHS announced plans to terminate TPS for these three countries. The proposed terminations would have resulted in approximately 60,000 individuals losing their legal status and work authorization within 60 days. The plaintiffs argued that the decisions were not based on an accurate evaluation of country conditions and deviated from prior DHS practices, which typically allowed for a transition period of at least six months.
In the court’s ruling, it emphasized that the terminations were arbitrary and capricious actions by DHS, given the lack of careful evaluation and consultation. As a result, the court vacated the terminations for Honduras, Nicaragua, and Nepal, allowing current TPS beneficiaries to maintain their legal status and work authorization.
Despite this setback, DHS is moving forward with the termination of TPS for other countries. Most notably, on January 13, 2026, the agency announced that it would end TPS for Somalia, asserting that conditions in the country have significantly improved. Under this decision, Somalia’s TPS designation is set to expire on March 17, 2026, which will affect approximately 1,100 current TPS beneficiaries and leave around 1,400 pending applications in limbo as of early December 2025.
DHS has indicated that Somali nationals with alternative lawful immigration status may remain in the United States. However, those without such status have been encouraged to leave the country once TPS protections end.
As the situation evolves, DHS is expected to appeal the California court’s decision regarding the TPS terminations for Honduras, Nicaragua, and Nepal. In the interim, both employers and TPS beneficiaries must stay informed about the rapidly changing policies and ongoing litigation concerning TPS status.
Legal representatives, including those from Jackson Lewis, are closely monitoring these developments and advise affected individuals to seek guidance as the landscape of TPS continues to shift.
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