
Migrants in the United States on Temporary Protected Status (TPS) are suing President Donald Trump’s Department of Homeland Security (DHS) to halt their deportation to their home countries, claiming the president and DHS Secretary Kristi Noem are racist.
This week, Noem announced the termination of TPS for tens of thousands of migrants in the U.S. from Honduras and Nicaragua. Last month, Noem similarly announced an end to TPS for migrants from Nepal.
Though meant to be temporary, since the Clinton administration, TPS has been transformed into a de facto amnesty program as nearly every president has routinely extended it and designated new countries for TPS status.
The migrants, represented by the National TPS Alliance, claim that Trump and Noem’s decision to revoke their TPS is partly based on racism against non-white immigrants.
“The Secretary’s termination of TPS for Honduras, Nepal, and Nicaragua is part of an illegal effort to eliminate existing TPS designations, and the legal status and employment authorization TPS provides for eligible beneficiaries, regardless of whether the statutory requirements for TPS termination are met,” the lawsuit claims:
If Secretary Noem’s TPS terminations go into effect, this population of individuals will be subject to deportation, yet unable to return safely to their home countries; and without legal authorization to live or work in the United States. [Emphasis added]
…
The Secretary’s decisions also were motivated at least in part by intentional raceand national-origin-based animus, in contravention of the Fifth Amendment. Although it has become increasingly normalized, the fact remains that Secretary Noem, President Trump, and members of the Trump campaign and administration have consistently used racist invective to describe their TPS decisions involving immigrants from non-white, non-European countries, including those involving the countries at issue here. [Emphasis added]
The migrants are asking the district court to rule that DHS’s move to end TPS for Honduran, Nicaraguan, and Nepalese migrants was unlawful under the Administrative Procedures Act and unconstitutional under the Due Process Clause of the Fifth Amendment.
The case is National TPS Alliance v. Noem, No. 3:25-cv-05687 in the U.S. District Court for the Northern District of California.
John Binder is a reporter for Breitbart News. Email him at