KATHMANDU/WASHINGTON D.C., FEBRUARY 11, 2026 – In a major blow to the Nepali diaspora in the United States, a federal appeals court has cleared the legal path for the Donald Trump administration to move forward with the termination of Temporary Protected Status (TPS) for approximately 7,000 Nepali citizens. The ruling, delivered late Monday by the Ninth Circuit Court of Appeals, effectively ends years of judicial stays that had protected these individuals from deportation.
The decision comes as part of a broader crackdown on immigration by the Trump administration, which has targeted TPS designations for several countries, including Honduras, Nicaragua, and El Salvador, totaling over 60,000 migrants.
The Ruling: A Reversal of Protection
The three-judge panel in San Francisco paused a lower court’s permanent injunction that had previously blocked the government from ending the program.
The Justification: The judges ruled that the Department of Homeland Security (DHS) likely has the authority to end TPS if it determines that the original emergency conditions (in Nepal’s case, the 2015 earthquake) have sufficiently improved.
The Impact: With the injunction lifted, the government can now proceed with the “winding down” of legal status for the affected Nepalis. Many who have lived and worked legally in the U.S. for a decade now face the immediate risk of becoming “undocumented” and subject to removal.
Background: The 2015 Relief Program
TPS was granted to Nepalis in the U.S. following the April 2015 earthquake, allowing those without legal status to live and work without fear of deportation.
Current Status: While approximately 12,000 Nepalis originally benefited, about 7,100 are still estimated to rely solely on TPS for their legal stay.
DHS Argument: Homeland Security Secretary Kristi Noem has consistently argued that “TPS was never intended to be a permanent program” and that Nepal has made “substantial reconstruction progress,” making it safe for citizens to return.
Mass Deportation Strategy
This ruling aligns with President Trump’s pledged “Mass Deportation” campaign. Reports from early 2026 indicate a sharp rise in enforcement:
Chartered Flights: On Tuesday, February 10, the U.S. reportedly deported 80 Nepali nationals via a chartered flight—the largest single-day deportation of Nepalis in recent history.
Self-Deportation Pressure: The administration is increasing pressure on TPS holders to “self-deport” by suspending work authorizations and access to certain public benefits.
Reaction from the Community
Immigrant advocacy groups have labeled the decision “devastating.” Adhibakta (Attorney) and activist groups in the U.S. are currently exploring an “En Banc” review (a hearing by all judges of the court) or an appeal to the U.S. Supreme Court. However, legal experts warn that with the current conservative makeup of the higher courts, the chances of a further stay are slim.
In Nepal, the Department of Immigration has confirmed it is preparing for an influx of returnees. “We are seeing a trend of weekly arrivals of deported citizens. This ruling will unfortunately likely accelerate that number,” stated a senior official in Kathmandu.