Biden-Appointed Judge Blocks Trump Administration’s TPS Cancellation, Cites ‘Racial and Discriminatory Animus’

A federal judge in California has halted the Trump administration’s plan to terminate Temporary Protected Status (TPS) for tens of thousands of illegal immigrants from Honduras, Nepal and Nicaragua. 

U.S. District Judge Trina Thompson ruled that the Department of Homeland Security (DHS) acted with “racial and discriminatory animus” in attempting to allow TPS to expire for nationals from the three countries. 

The DHS directive had been issued by Secretary Kristi Noem, who was implementing a Trump-era immigration policy to end protections granted decades ago.

Thompson, a Biden appointee, cited public remarks from both President Trump and Noem in her decision, alleging that their statements “perpetuate the discriminatory belief that certain immigrant populations will replace the white population.” 

She added, “Color is neither a poison nor a crime,” and accused both officials of linking TPS recipients with criminal aliens, according to The Gateway Pundit.

The blocked order would have required about 53,000 Hondurans, 3,000 Nicaraguans and 7,500 Nepalese immigrants to leave the U.S. starting in early September. 

Instead, their protected status has been extended until at least Nov. 18, pending further court proceedings. Thompson also signaled that more relief could be granted after future hearings. 

In her ruling, Thompson claimed that Noem and Trump’s statements echo “The Great Replacement Theory,” referencing a remark Trump made in 2023 that criminal illegal aliens were “poisoning the blood of our country.” 

“The freedom to live fearlessly, the opportunity of liberty, and the American dream. That is all Plaintiffs seek,” the judge wrote, per The Post Millennial. 

“Instead, they are told to atone for their race, leave because of their names, and purify their blood. The Court disagrees.” 

Thompson also criticized the DHS for evaluating only the recovery from past natural disasters in Honduras, Nicaragua and Nepal when deciding to end TPS protections, while failing to account for continued instability, crime and humanitarian conditions. 

She pointed out that the DHS did not mention “political violence or crime” in its latest assessment of Honduras. 

Regarding Nicaragua, Thompson noted the omission of “anti-democratic human rights violations and the humanitarian crisis which has led to 108,000 people fleeing the country.” 

As for Nepal, she cited continued flooding and landslides and asserted that DHS minimized these concerns by pointing to “modest economic growth” as justification to end TPS.

Under former President Biden, TPS designations were repeatedly renewed. 

In one of his final immigration actions before leaving office, Biden extended TPS for illegal immigrants from Venezuela, El Salvador, Ukraine and Sudan through fall 2026—a move some observers saw as a preventative measure to stop Trump from rescinding them if re-elected. 

This is not the first time a federal judge has blocked Trump administration efforts to cancel TPS. 

In March, Judge Edward Chen stopped an attempt to end protections for 350,000 Venezuelans, calling the policy “a classic example of racism,” per GP.

The Supreme Court, however, has sided with the Trump administration in multiple rulings on TPS. 

In May, it upheld the administration’s authority to end the program for more than 500,000 illegal immigrants from Haiti, Nicaragua and Venezuela. 

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