TPS for Nepal:
9th Circuit Stays Protections — Nepali TPS Holders Are Currently Out of Status
The Trump administration terminated TPS for Nepal on August 5, 2025. A federal district court initially vacated that termination on December 31, 2025, but on February 9, 2026, the Ninth Circuit Court of Appeals stayed that ruling — meaning Nepali TPS holders are currently out of status while litigation continues. If you or someone you know has been detained, resources are available to help locate them and connect with legal support.
Important — Nepali TPS holders are currently out of status: On February 9, 2026, the Ninth Circuit Court of Appeals stayed the district court’s December 31, 2025 ruling that had vacated the Nepal TPS termination. This means the court order that restored protections is no longer in effect. TPS for Nepal terminated August 5, 2025, and that termination is again operative. If you are a Nepali TPS holder, please seek legal counsel immediately. Adhikaar at (718) 937-1117 and United for TPS Nepal (UTPSN) may be able to connect you with legal resources.
February 9, 2026 — Ninth Circuit stays district court ruling: The Ninth Circuit stayed the district court’s December 31, 2025 summary judgment order, finding the government is likely to succeed on appeal — either by showing the district court lacked jurisdiction, or by prevailing on the arbitrary-and-capricious APA challenge. DHS is permitted to move forward with the termination of TPS for Nepal. The appeal continues as National TPS Alliance et al. v. Noem et al., No. 26-199 (9th Cir.).
Important: This page provides general information about the Nepal TPS litigation and is intended for informational purposes only. It does not constitute legal advice. If you are a Nepali TPS holder with questions about your specific situation, please consult a qualified immigration attorney. Adhikaar at (718) 937-1117 and United for TPS Nepal (UTPSN) may be able to connect you with legal resources.
- Your TPS status is not currently protected by court order. The Ninth Circuit’s February 9 stay means you are not covered by the December 31 district court ruling. You are considered out of status unless you have another form of immigration protection.
- Contact an immigration attorney as soon as possible. An attorney can advise you on other forms of relief that may be available, such as asylum, cancellation of removal, or other pathways. Adhikaar at (718) 937-1117 and United for TPS Nepal (UTPSN) may be able to connect you with legal resources in the Nepali-speaking community.
- Do not sign any documents without speaking to a lawyer first, including voluntary departure forms. Signing may waive important rights.
- Do not use the CBP Home app to self-deport without first consulting an attorney. Review information about your rights from the National Immigration Law Center before making any decisions.
- Leaving the U.S. now may prevent you from returning. If you depart, you may not be able to lawfully reenter the U.S. even if a court later reinstates TPS for Nepal. Consult an attorney before making any travel decisions.
- Review Know Your Rights guides in multiple languages — including Nepali — at wehaverights.us.
ICE detention can happen quickly and transfers between facilities can occur within hours. If you believe a family member or community member has been detained by ICE, use the steps below immediately. Time matters — the sooner you can locate the person and connect them with legal representation, the better.
National detention hotline: 1-855-237-5998 (free, confidential, available in multiple languages)
- Adhikaar — (718) 937-1117 — Supports Nepali-speaking communities; may be able to provide referrals to immigration attorneys
- United for TPS Nepal (UTPSN) — utpsn.org — Nepali TPS community organizing; may be able to connect you with legal resources
- Freedom for Immigrants — Hotline: 1-855-237-5998
- National Immigration Law Center (NILC) — nilc.org
- Find local legal aid — immigrationadvocates.org
- National TPS Alliance — organizational plaintiff
- Seven individual TPS holders from Nepal, Honduras, and Nicaragua
- Kristi Noem, Secretary of Homeland Security
- The Department of Homeland Security (DHS)
- United States of America
- Nepal — terminated August 5, 2025
- Honduras — terminated September 8, 2025
- Nicaragua — terminated September 8, 2025
- Approximately 60,000+ TPS beneficiaries across Nepal, Honduras, and Nicaragua
Nepal was first designated for TPS on June 24, 2015, following the catastrophic earthquake that killed nearly 9,000 people and displaced millions. Nepal has received consistent redesignations recognizing ongoing conditions that make safe return difficult. The Trump administration terminated TPS for Nepal on June 6, 2025, citing the Executive Order “Protecting the American People Against Invasion” — not a genuine country conditions review. Only 60 days’ notice was provided, far less than the 6-month notice historically standard for TPS terminations.
This case is part of the Trump administration’s coordinated campaign to eliminate TPS for Black, Asian, Arab, and immigrant communities of color. The complaint connects Nepal, Honduras, and Nicaragua terminations to a broader pattern including Venezuela, Haiti, Cameroon, Afghanistan, and others, and highlights statements by President Trump, Secretary Noem, Vice President Vance, and Stephen Miller expressing hostility to TPS and to non-white immigrants as evidence of discriminatory intent.
- Declare the termination of TPS for Nepal, Honduras, and Nicaragua unlawful
- Set aside or vacate the termination of TPS designations
- Stop all government agencies and employees from taking steps to implement the terminations
The lawsuit challenges the termination of TPS for Nepal (along with Honduras and Nicaragua) on two grounds: violation of the Administrative Procedure Act (APA) and violation of the U.S. Constitution.
Administrative Procedure Act (APA) violations
Constitutional claims
The administration did not conduct a genuine review of conditions in Nepal before terminating TPS. The complaint also highlights public statements by President Trump, Secretary Noem, Vice President Vance, and Stephen Miller calling TPS “illegal” and expressing intent to end the program — evidence, plaintiffs argue, that ideology and racial animus rather than country conditions drove the decision.
The Nepal TPS fight is a direct expression of the Immigrant Movement’s North Star — the Five Freedoms. Nepali TPS holders have spent years building lives, raising families, and strengthening communities across the United States — many after surviving the 2015 earthquake that destroyed their homes. The termination of their TPS is not just a legal violation: it is a denial of their Freedom to Stay in the places they have made home, their Freedom to Work with dignity and legal security, and their Freedom to Thrive — to make decisions about their own lives and futures. The administration’s reliance on an executive order rather than genuine country conditions review, its pattern of targeting communities of color, and the documented statements of its senior officials make clear this is an attack on people, not a policy.
- You have rights regardless of immigration status. The U.S. Constitution protects everyone on U.S. soil, including the right to remain silent and the right to due process.
- If immigration enforcement approaches you, you have the right to remain silent. You do not have to answer questions about where you were born, your immigration status, or how you entered the country.
- You have the right to refuse to open your door to ICE if they do not have a valid judicial warrant signed by a judge. A removal warrant signed by an immigration officer does not give ICE the right to enter your home.
- You have the right to speak with an attorney before answering questions or signing any documents. Do not sign anything without speaking to a lawyer first.
- Review Know Your Rights guides in multiple languages — including Nepali — at wehaverights.us, prepared by We Have Rights.
- Before considering the CBP Home app, review information from the National Immigration Law Center about the risks.
- Understand that if you leave the U.S., you may not be able to lawfully reenter, even if a court later reinstates TPS for Nepal. Consult an attorney before any travel decisions.
Because Nepali TPS holders are currently out of status, emergency planning is especially urgent. Having a plan in place can protect you and your family if circumstances change quickly.
- Gather and organize your documents. Keep copies of your TPS documents, passport, birth certificate, children’s birth certificates, and any attorney letters in a secure but accessible location — and give copies to a trusted person.
- Know who to call if you are detained. Write down the phone number of an attorney or legal aid organization — including Adhikaar at (718) 937-1117 and UTPSN. Keep this information with trusted family or friends who can act quickly.
- Designate emergency childcare. If you have children, especially U.S.-citizen children, designate a trusted adult to care for them if you are detained. Consider completing a childcare power of attorney or Caregiver’s Authorization.
- Create a family communication plan. Make sure family members know what to do, who to call, and where to go if you are detained or need to leave quickly.
The uncertainty, fear, and disruption caused by TPS termination is real and serious. Seeking support is a sign of strength, not weakness.
The litigation is ongoing at the Ninth Circuit (No. 26-199). The stay is in effect and Nepali TPS holders are currently out of status. Follow Adhikaar, UTPSN, and CUSP for the most current information. Email CUSP at info@wearecusp.org to stay updated.