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A federal judge in California has postponed the Department of Homeland Security’s (DHS) move to end protections for immigrants from three countries. This decision adds to the legal obstacles for the current administration as it aims to implement its deportation plans.
Judge Trina Thompson stated that DHS Secretary Kristi Noem’s terminations of temporary protected status (TPS) for immigrants from Honduras, Nicaragua, and Nepal may have been predetermined decisions that violated the Administrative Procedure Act and were motivated by racial bias.
“The plaintiffs are simply seeking the freedom to live without fear, the opportunity for liberty, and the chance to pursue the American dream,” wrote Thompson, a Biden appointee, in her ruling. “Instead, they are being asked to apologize for their race, leave because of their names, and cleanse their blood. The Court does not agree.”
Thompson further stated, “Color should not be viewed as a poison or a crime.”
Homeland Security Secretary Kristi Noem, left, and White House border czar Tom Homan speak with reporters at the White House, Wednesday, Jan. 29, 2025, in Washington. ( (AP Photo/Alex Brandon))
The lawsuit was filed by a group representing TPS holders, including individuals who have been living in the U.S. for more than twenty years.
Attorneys representing the immigrants argued in court documents that they are “workers, healthcare providers, artists, and caregivers” who have relied on TPS for basic human security – a stable place to live and the opportunity to work during times of crisis in their home countries.
They contended that Noem’s decision not to extend their TPS status should have been based on an individualized assessment of each country. The judge found that Noem likely failed to consider specific factors related to the immigrants’ countries of origin before terminating TPS.
Additionally, they criticized the short notice period of 60 days given to the immigrants before losing their TPS status. They also accused Noem and other officials of using racist language to justify their TPS decisions.
President Donald Trump speaks with Secretary of Homeland Security Kristi Noem as they tour a migrant detention center, dubbed “Alligator Alcatraz,” located at the site of the Dade-Collier Training and Transition Airport in Ochopee, Florida on July 1, 2025. (Photo by ANDREW CABALLERO-REYNOLDS/AFP via Getty Images)
The attorneys presented numerous instances of Trump or Noem referring to migrants as MS-13 gang members, murderers, terrorists, and individuals genetically predisposed to commit crimes. They highlighted Trump’s comments during a debate where he falsely claimed that Haitian immigrants were eating house pets in Ohio.
The TPS program allows the DHS to grant temporary residence to immigrants who may not have legal status due to extraordinary circumstances in their home countries, such as wars or natural disasters.
The plaintiffs estimated that approximately 61,000 individuals would lose their TPS under Noem’s decision, making them vulnerable to deportation.
The Trump administration argued that the DHS secretaries have the sole discretion to designate TPS and that Noem should be able to end the status using the same authority used by past secretaries to grant it.
Homeland Security Secretary Kristi Noem holds a news conference regarding the recent protests in Los Angeles on Thursday, June 12, 2025. (AP Photo/Etienne Laurent)
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In May, the Supreme Court ruled in favor of the Trump administration in a case involving TPS for Venezuelans. The ruling temporarily halted a lower court decision, allowing Noem to end TPS for around 350,000 immigrants.
Thompson’s ruling will remain in effect until at least November when the next hearing is scheduled. DHS has stated its intention to appeal the decision.
