In a major legal development, a federal judge in the Northern
District of California has postponed the termination of Temporary
Protected Status (TPS) for nationals of Honduras, Nepal, and
Nicaragua. This decision, issued on July 31, 2025, blocks the
Department of Homeland Security (DHS) from ending TPS for these
countries and extends work authorization for affected individuals
through November 18, 2025.

Why the Extension Happened

The court found that DHS failed to follow the Administrative
Procedure Act (APA), which requires agencies to provide clear
reasoning and follow established procedures when making policy
changes. The judge also noted that the 60-day wind-down period DHS
had proposed was inconsistent with past practice, which typically
allowed for at least six months of transition.

This ruling affects approximately 60,000 TPS recipients who have
lived in the U.S. for many years, over 25 years in the case of
Honduran and Nicaraguan nationals, and more than a decade for
Nepali nationals.

Current Status of Work Authorization

As of August 4, 2025, USCIS, per its website, has extended
certain Employment Authorization Documents (EADs) for Honduras, Nepal, and Nicaragua TPS recipients through November 18,
2025. The specific EADs that were extended are listed on the
respective USCIS TPS pages under Automatic Employment Authorization
Document Extension sections.

Honduras’ TPS designation and related benefits had been
slated to terminate on September 8, 2025; Nicaragua’s TPS
designation and related benefits on September 8, 2025 and
Nepal’s TPS designation and related benefits on August 5,
2025

Employers should monitor USCIS updates closely and update
pertinent Forms I-9.

What Employers Should Do Now

To stay compliant with I-9 requirements:


Review TPS documentation for employees from Honduras, Nepal,
and Nicaragua and update the affected Form I-9.

Review USCIS’ guidance on completing the Form I-9
for automatic extensions.

Note the new expiration date of November 18, 2025 for work
authorization.

What’s Next?

The government may appeal the court’s decision, which could
impact the current extension. However, unless and until a higher
court overturns the ruling, November 18, 2025 remains the effective
expiration date for TPS-based work authorization for these three
countries.

A hearing is scheduled for November 18, 2025, where the court
will determine whether to further extend the postponement or allow
DHS to proceed with termination.

Final Thoughts

This court-ordered extension provides temporary relief and
stability for thousands of TPS recipients and their employers.
However, the situation remains fluid, and stakeholders should stay
informed about further legal and administrative developments.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.