Ninth Circuit Lifts Injunction on the Trump Administration Over Ending Temporary Protective Status for Immigrants

In August, some of us expressed doubts over the ruling of San Francisco-based U.S. District Judge Trina Thompson enjoining an effort to end Temporary Protective Status (TPS) for migrants from different countries, citing sufficient racial animus. Now, a unanimous panel just stayed that order in a major win for the Trump Administration, which will now be allowed to revoke deportation protections for citizens from Nicaragua, Nepal, and Honduras.

A panel composed of Circuit Judge Michael Hawkins (a Clinton appointee), Circuit Judge Consuelo Callahan (George W. Bush appointee), and Circuit Judge Eric Miller (Trump appointee) ruled that the district court erred in its injunction.

The decision follows the Supreme Court’s recent order to stay lower court orders blocking the termination of TPS for Venezuela.

Notably, the program was meant to be “temporary,” but judges such as Judge Thompson have treated it as effectively permanent with these injunctions. The TPS for Nicaragua was issued in 1999, over a quarter of a century ago.

The allegation of racial animus is hard to square with the overall effort of the Administration to not only end TPS programs but to carry out its promised mass deportation of those who came into the country illegally regardless of their country of origin.

The panel acknowledged the obvious in ruling against the district court given the recent Supreme Court decision:

We are not writing on a blank slate, however, because the Supreme Court has twice stayed district court orders blocking the Secretary’s vacatur of TPS for Venezuela. See Noem v. National TPS All., 146 S. Ct. 23 (2025); Noem v. National TPS All., 145 S. Ct. 2728 (2025). Those orders contained no reasoning, so they do not inform our analysis of the legal issues in this case, and the issues in any event are not identical. But the stay applications involved similar assertions of harm by both parties, and we have been admonished that the Court’s stay orders must inform “how [we] should exercise [our] equitable discretion in like cases.” Trump v. Boyle, 145 S. Ct. 2653, 2654 (2025). We therefore conclude that the equitable factors favor a stay.

As I discussed earlier, the judicial efforts to enjoin the ending of TPS programs actually work against future such programs. Presidents can now see that allowing immigrants into the country temporarily can be treated as granting a permanent status.

The same is true with the equally dubious rulings of judges such as District Judge Indira Talwani in preventing President Donald Trump from canceling a Biden program granting parole and the right to work to immigrants from Cuba, Haiti, Nicaragua, and Venezuela (CHNV).

It also raises more questions about recent rulings, such as Judge Ana C. Reyes’s in Washington. I criticized her decision last week in denying the termination of the TPS program.

The Ninth Circuit decision reflects a pattern of reversals for these district court judges in seeking to block the Trump Administration’s efforts to deport the millions of individuals admitted into the country under the Biden and earlier administrations.

175 thoughts on “Ninth Circuit Lifts Injunction on the Trump Administration Over Ending Temporary Protective Status for Immigrants”

  1. Federal deficits forecast to reach $3.1 trillion annually by 2036

    US debt set to crush World War II record as annual deficits explode to $3T within decade
    Budget watchdog projects debt held by public will climb to 120% of GDP by 2036, raising fears of fiscal crisis
    By Eric Revell – FOX Business ~ February 12th, 2026
    https://www.foxbusiness.com/politics/us-debt-set-crush-world-war-ii-record-annual-deficits-explode-3t-within-decade

    The Budget and Economic Outlook: 2026 to 2036
    In CBO’s projections, the federal budget deficit in fiscal year 2026 is $1.9 trillion, and federal debt rises to 120 percent of GDP in 2036. Economic growth strengthens in 2026 and moderates in later years.
    By: Congressional Budget Office ~ February 11, 2026
    https://www.cbo.gov/publication/61882

  2. How Europe Plans To Strangle American Free Speech
    The EU means to strangle free speech by a systematic assault on U.S. companies.
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    https://www.dailywire.com/news/how-europe-plans-to-strangle-american-free-speech

    U.S. judge rejects BBC’s stay application in Trump defamation case
    LONDON, Feb 12 (Reuters) – A U.S. judge has rejected the BBC’s application to stay discovery in the $10 billion lawsuit brought by U.S. President Donald Trump over its editing of a speech that made it appear he directed supporters to storm the U.S. Capitol, court documents showed on Thursday.
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    A Parting Gift for Pelosi
    Memo to Pam Bondi: DoJ Criminal Complaint to Indict Rep. Nancy Pelosi for Destruction of Public Property
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    [Link] patriotpost.us/alexander/125054-a-parting-gift-for-pelosi-2026-02-11

    “Ignorance will be the dupe of cunning; and passion the slave of sophistry and declamation.” —James Madison

  3. Why did the communists (liberals, progressives, socialists, democrats, RINOs, AINOs) force actual Americans to fight Vietnam’s war for it when the America of those Americans was actually being invaded by MexAfriAsiAribia?

  4. How about that Obama?

    Obama was the most successful reporter of the 21st Century. Obama deported more immigrants than Trump, Biden or Bush without killing people or committing crimes.

    Maybe Obama could mentor Trump on how to do this!

      1. How apropos, the place where Obongo will irrefutably be admitted to become a citizen, a “natural born citizen,” and eligible to be president.

        1. He likely would not be eligible for Kenyan citizenship. And I doubt that Kenyan law even has such a concept as “natural born citizen”.

          1. So true. The only legal presentation of “natural born citizen” occurred in the Law of Nations by Vattel, 1758, when other mentions referenced ONLY natural born subjects, such as those of Blackstone. Ben Franklin wrote the following:

            The Law of Nations …”has been continually in the hands of the members of our congress, now sitting,….”

            – Ben Franklin Letter To Charles Dumas 1775
            _________________________________________________

            “It is fascinating to look at this specific letter (December 9, 1775) because it captures the exact moment the American colonies transitioned from “protestors” to a “rising state.”
            When Franklin writes that the book has been “continually in the hands of the members,” he isn’t just being polite; he is describing a group of men—including Jefferson, Adams, and Madison—who were essentially looking for a “how-to” manual on creating a country.

            “Why this Letter (and Vattel) Mattered

            “The Second Continental Congress was in a legal bind. To win the war, they needed foreign alliances (specifically with France). However, according to the laws of the time, they were technically “rebels” against a sovereign king.

            “Franklin’s enthusiasm for Vattel’s The Law of Nations stems from several key arguments in the text:

            The Right to Seek Help: Vattel argued that if a people have a legitimate grievance against a tyrant, other nations have the right to assist them. This provided the legal “cover” for the French to intervene.

            The Definition of a State: Vattel focused on the idea that a “state” is a moral person with rights and obligations. This helped the Congress frame the colonies as a single, emerging entity rather than thirteen separate bickering colonies.

            A “Good Season”: Franklin notes it arrived in “good season” because, by late 1775, the Congress was actively debating the Declaration of Independence. They needed a vocabulary of sovereignty, and Vattel provided it.”

            – Gemini (Google)

    1. Obama deported less illegal aliens, aborted more “burdens”, and processed children in cages. Catastrophic anthropogenic immigration reform with collateral damage.

    2. First of all, 0bama didn’t actually deport that many people. Most of his so-called “deportations” were simply turning people around at the border. Which is a good thing that Biden refused to do, but it’s not deportation.

      And ICE in 0bama’s day did kill people, just as all law enforcement does.

      ICE today is not committing crimes.

      1. PEACEABLY ONLY

        In fact, it is the “protesters” who should have been prosecuted as their sole legal basis is “the right of the people peaceably to assemble….” as conferred by the 1st Amendment.

        The may not disturb the peace, create nuisances, or commit violent acts, which they do repeatedly.

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