The Ninth Circuit Court of Appeals, a generally left-leaning court, has handed the Trump administration a massive win.
Department of Homeland Security Secretary Kristi Noem’s decision to end Temporary Protected Status (TPS) for migrants from Honduras, Nepal and Nicaragua, which had been awarded due to natural disasters in 1999 and 2015. The protections remained in place despite their temporary nature until the Trump administration acted to terminate them. While this was initially contested by the National TPS Alliance, which argued the move was “arbitrary and capricious” and in violation of the Administrative Procedure Act.
They saw a brief win when, on December 31, 2025, Noem’s order was canceled by a San Francisco district court judge who sided with the plaintiffs. Upon appeal, the case was assigned to Judges Hawkins, Callahan and Miller by the Ninth Circuit Court of Appeals panel, who eventually found that the order was rational, and not “arbitrary or capricious.”
This is a crucial legal win from @TheJusticeDept attorneys that helps clear the way for President Trump’s continued deportations.
As the court found, “the government is likely to prevail in its argument” that ending Temporary Protected Status for some immigrants is sound and… https://t.co/KPk1Sgio4o
— Attorney General Pamela Bondi (@AGPamBondi) February 10, 2026
“This is a crucial legal win from [Department of Justice] attorneys that helps clear the way for President Trump’s continued deportations. As the court found, ‘the government is likely to prevail in its argument’ that ending Temporary Protected Status for some immigrants is sound and lawful policy. We are proud to represent the Trump Administration in court every day,” Attorney General Pam Bondi wrote on X.
“While Judges Callahan and Miller appear to have authored the main analysis, Judge Hawkins wrote a separate concurring opinion. He agreed with the result based on recent Supreme Court guidance, but said he would not rule on the plaintiffs’ claims at this early stage,” Fox News reported.
X users reacted to the news:
“Temporary…”
Opposite of “forever. ” if one president can give them temp status, another can remove it.
— S. Karkos (@s4141k) February 10, 2026
What about Haiti?
— JKash 🍊MAGA Queen (@JKash000) February 10, 2026
I don’t see Somalis on that list.
— Jeff Densmore (@JeffDensmore87) February 10, 2026
This is the liberal 9th circuit. Maybe it’s time these UNELECTED Rogue judges who keep getting overturned by these higher courts need to be removed from the bench
— SeldenGADawgs (@SeldenGADawgs) February 10, 2026
The amount of lower judges orders that have been blocked is insane. It really shows they these judges aren’t behaving as a judge but rather a block on trumps authority. They’re activists
— ProudMetisWoman🇨🇦 (@julesconley0922) February 10, 2026
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