Trump administration rescinds TPS for Honduras, Nicaragua

Under federal law, the administration can grant TPS to a country where conditions preclude its citizens from returning safely, or when that nation can’t “handle the return” of its people adequately, according to the US Citizenship and Immigration Services.

The federal government “may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States,” the agency states on its website. “Eligible individuals without nationality who last resided in the designated country may also be granted TPS.”

According to officials, countries can receive a TPS designation for emergencies such as civil war, natural disasters, or other “extraordinary and temporary conditions.”

While people from such countries are in the United States with the protected status, they’re “not removable” from the country, can receive work authorization, and may also be granted permission to travel, according to the agency.

“Once granted TPS, an individual also cannot be detained by DHS on the basis of his or her immigration status in the United States,” the agency says. “TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status.”

About 72,000 Honduran nationals currently hold TPS in the United States, according to Noem’s termination order.

Honduras first received protected status in 1999 in the aftermath of Hurricane Mitch, the order said.

“While Hurricane Mitch was a sudden catastrophe that caused severe flooding and associated damage, leading to Honduras’ TPS designation, the conditions resulting from Hurricane Mitch no longer cause a ‘substantial, but temporary, disruption in living conditions in the area affected,’ and Honduras is no longer ‘unable, temporarily, to handle adequately the return of its nationals,’” the order said. “Honduras has made significant progress recovering from the hurricane’s destruction and is now a popular tourism and real estate investment destination.”

Nicaragua also received protected status in 1999 due to the damage wrought by Mitch, the order said. About 4,000 Nicaraguan nationals with TPS currently reside in the United States, the filing said.

“Nicaragua has seen improvements in its infrastructure with projects focusing on road construction, school infrastructure, and health access,” the order said.

It said Nicaragua has completed a number of successful infrastructure, education, housing, and public health projects in the decades after the storm.

“Nicaragua has become a worldwide tourist destination, while also promoting sustainability and revitalizing local communities,” the order said. “Technological innovation is empowering local farmers and fishers, making the agriculture industry more competitive and profitable.”

In a statement, a spokesperson for the Department of Homeland Security said TPS was never meant to last a quarter century.

“The impacts of a natural disaster impacting Nicaragua in 1999 no longer exist,” the spokesperson said. “The environmental situation has improved enough that it is safe enough for Nicaraguan citizens to return home. This decision restores integrity in our immigration system and ensures that TPS remains temporary.”

In a separate statement, Noem said it was “clear that the Government of Honduras has taken all of the necessary steps to overcome the impacts of Hurricane Mitch, almost 27 years ago.”

“Honduran citizens can safely return home, and DHS is here to help facilitate their voluntary return,” she said. “Honduras has been a wonderful partner of the Trump Administration, helping us deliver on key promises to the American people. We look forward to continuing our work with them.”

Last week, US District Court Judge Brian M. Cogan in New York last week ruled that moving up the expiration of TPS by at least five months for Haitians, some of whom have lived in the US for more than a decade, is unlawful.

In Massachusetts, Haitians are one of the state’s largest immigrant populations. With nearly 15,000 TPS holders from Haiti, the state has the second largest Haitian population in the country behind Florida.

The Biden administration had extended Haiti’s TPS status through at least Feb. 3 due to gang violence, political unrest, a major earthquake in 2021, and several other factors, according to court documents.

But in late June, the Department of Homeland Security announced it was terminating those legal protections as soon as Sept. 2, setting Haitians up for potential deportation. The department said the conditions in the country had improved and Haitians no longer met the conditions for the temporary legal protections.

Cogan said the Department of Homeland Security ‘s move to terminate the legal protections early violates the TPS statute that requires a certain amount of notice before reconsidering a designation.

“When the Government confers a benefit over a fixed period of time, a beneficiary can reasonably expect to receive that benefit at least until the end of that fixed period,” the ruling said.

Cogan also noted the plaintiffs have started jobs, enrolled in schools, and begun receiving medical treatment with the expectations that the country’s TPS designation would run through the end of the year.

Material from the Associated Press was used in this report. This breaking news story will be updated when more information is released.

Travis Andersen can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it..