There is no required action yet, but employers and stakeholders must be aware of a great development in the continuous litigation surrounding the temporary protected situation (TPS) of Honduras, Nepal and Nicaragua. We expect an update from US citizenship and immigration services (USCIS) soon, after notifying employers at the end of the expiration of a brief authority to license work.
The ninth district stops extending the TPS license
On August 20, 2025, the American Court of Appeal for the Ninth Chamber issued a brief but effective matter that stopped the minimum decision of the TPS license to TPS for Honduras, Nepal, and Nicaragua until November 18, 2025. This means, at the present time, the DHS Ministry of Security may emerge to end the foundation for three years.
The background: Tightening the legal cord to finish TPS
Last month, a federal judge in San Francisco granted a request to delay the termination of TPS, and found that the prosecutors could succeed in allegations that the cancellation violated the Administrative Procedures Law (APA) and the condition of equal protection in the fifth amendment. This decision is temporarily extended TPS and work licensing.
However, the last ninth circle ruling this decision has been awaiting the appeal. The committee did not stop the local court procedures, which are still scheduled for a hearing on November 18, 2025.
What will happen next?
If DHS is due to its original guidance, then the effects of it are immediate:
- Tps for Nepal will end immediately.
- TPS will end for Honduras and Nicaragua on September 8, 2025.
This would represent a significant decline in protection for thousands of individuals who lived and worked legally in the United States under TPS.
What employers and TPS holders should know
Although there is no immediate procedure, employers and TPS holders should monitor update from USCis on the relevant TPS pages. Uscis guidelines can change quickly, and we recommend that employers prepare emergency plans for affected workers as TPS is likely to be protected.
We will continue to monitor the situation and offer updates when available. If you have questions about how this affects your workforce, please do not hesitate to communicate.
For more information, contact your SEYFARTH or Dawn Lurie’s relationship. The SEYFARTH Group for Specialized Compliance and Enforcement – recognized as national leaders in this field – is trusted by Fortune 100 companies in addition to small companies across the country to obtain strategic and practical advice. The collection provides comprehensive guidelines on the i-9 and E-Verify compliance, ICE inspections, work enforcement procedures, internal immigration assessments, I-9 audits, DEL wage and migration investigations, public trips/ITAR, and DOJ-ER antifook, including external care and declaration control/ITAR.