A federal judge has tentatively approved class certification for immigrants from Nepal, Nicaragua, and Honduras who are challenging Homeland Security Secretary Kristi Noem’s decision to end the Temporary Protected Status (TPS) program. U.S. District Judge Trina L. Thompson said Tuesday that the class appears appropriate for certification but noted she would finalize the ruling within the next one to two weeks. The lawsuit claims that Noem’s actions were unlawful and driven by racial bias, violating the Administrative Procedure Act.
TPS offers protection from deportation and work authorization for individuals who are facing violence or severe economic hardship in their home countries, though it does not provide a path to citizenship. The National TPS Alliance and several TPS holders filed the lawsuit on July 7, arguing that ending TPS for Nepal, Nicaragua, and Honduras was improper. During a recent hearing, ACLU of Northern California attorney Emi MacLean urged the court to certify a nationwide class, saying the government’s actions created a shared injury among all affected individuals. Meanwhile, Department of Justice attorney Daniel Cappelletti contended the class definition was too broad and should only include those directly impacted by the 2025 terminations.
In response, plaintiffs’ attorney Lauren Wilfong argued that losing TPS constitutes harm even for individuals with other forms of temporary status. MacLean later stated that roughly 60,000 TPS holders from the three countries have already lost their legal protections as a result of the government’s actions and a Ninth Circuit stay. Judge Thompson’s final ruling, expected within two weeks, will determine the final scope of the certified class.
This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.
