Case: National TPS Alliance v. Noem

3:25-cv-05687 | U.S. District Court for the Northern District of California

Filed Date: July 7, 2025

Case Ongoing

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Case Summary

This case challenges the federal government’s termination of Temporary Protected Status (TPS) for Honduras, Nepal, and Nicaragua. Congress created TPS in 1990 to replace politically driven discretionary programs like “extended voluntary departure” with decisions based on clear humanitarian standards. TPS designations confer work authorization and protection from deportation. During the first Trump administration, DHS announced TPS terminations between 2017 and 2018, affecting over 400,000 people. These terminations were blocked in federal court, and DHS formally rescinded them in 2023. The Trump administration renewed these efforts via Executive Order 14159, titled “Protecting the American People Against Invasion,” which directed DHS to rescind prior TPS-related policies and prioritize the removal of non-citizens.

On July 7, 2025, the National TPS Alliance, along with several individual TPS holders, filed this lawsuit in the U.S. District Court for the Northern District of California against the Department of Homeland Security (DHS), its Secretary Kristi Noem, and the United States. Plaintiffs asserted that Secretary Noem’s TPS terminations were preordained, based on a superficial review, and motivated by racial and national-origin animus, citing public statements by Noem, President Trump, and Vice President Vance. Plaintiffs sought to challenge the truncated 60-day transition period—the minimum statutory notice before TPS termination became effective, a significant departure from historical practice—as violating the equal protection guarantee implicit in the Due Process Clause of the Fifth Amendment and alleged that DHS breached statutory requirements and the Administrative Procedure Act.

Represented by nonprofit immigrant rights attorneys, plaintiffs sought an injunction barring DHS from enforcing the terminations and an order maintaining TPS protections. They also sought to have the court set aside, postpone, or stay the terminations, enjoin enforcement, and award attorneys’ fees and costs. The case was assigned to Judge Trina L. Thompson.

On July 31, 2025, the court granted the plaintiffs’ motion to postpone the effective date of the TPS terminations for Honduras, Nicaragua, and Nepal until a hearing on the merits scheduled for November 18, 2025. WL 2233985. The court found that the plaintiffs were likely to succeed on the merits of their claims that the TPS terminations were preordained and not based on an objective assessment of country conditions. The court cited comments made by Secretary Noem before she reviewed any country conditions reports, which suggested a predetermined intent to end the TPS program. It further found that the terminations failed to address data previously considered relevant, including political violence and crime in Honduras and recurring weather events in Nicaragua. Judge Thompson concluded that the court had jurisdiction to review the case and that the requested relief to postpone the terminations fell within the scope of the Administrative Procedure Act. In its order, the court wrote, “The freedom to live fearlessly, the opportunity of liberty, and the American dream. That is all Plaintiffs seek. Instead, they are told to atone for their race, leave because of their names, and purify their blood. The Court disagrees.”

On August 1, 2025, the defendants appealed the July 31 order to the Ninth Circuit. That same day, they filed an emergency motion in the district court to stay the court’s order. The defendants contended that they were likely to prevail on appeal, citing the district court’s prior holding in Noem v. National TPS Alliance, No. 25-cv-1766 EMC (N.D. Cal.), where the court had allegedly misinterpreted the Secretary’s statutory authority. They further argued that the court lacked jurisdiction to grant the requested relief because the TPS statute explicitly barred judicial review of any decision to terminate a TPS designation. Additionally, they asserted that the balance of harms favored a stay because the government suffered irreparable harm when its policies were enjoined.

On August 8, 2025, the district court denied the defendants’ motion to stay, holding it had jurisdiction over the plaintiffs’ claims and that the TPS statute did not bar them. The court found the defendants failed to show a strong likelihood of success on appeal and rejected their “recycled” arguments. On the balance of harms, the court found a stay was unwarranted, noting that the defendants did not identify any specific foreign policy or national interest at risk. WL 2684340.

Also on August 8, 2025, the defendants filed an emergency motion in the Ninth Circuit seeking a stay of the district court’s July 31 order pending appeal. Shortly thereafter, on August 14, 2025, Judge Thompson issued a detailed case-management order setting class-certification and dispositive-motion deadlines and referring discovery to Magistrate Judge Sallie Kim. Plaintiffs filed a motion for class certification on August 15, which was fully briefed and argued on September 16. WL 2838324.

On August 20, 2025, the Ninth Circuit panel—Judges Hawkins, Callahan, and Miller—granted the defendants' motion for a stay of the district court’s July 31 order pending further order, but declined to stay district-court proceedings, noting docket management was within Judge Thompson’s discretion. The court of appeals later set an expedited briefing schedule: appellants’ opening brief due October 20, 2025, appellees’ answering brief due December 12, 2025, and an optional reply due January 9, 2026.

On August 25, 2025, plaintiffs filed a motion for partial summary judgment, along with two administrative motions seeking leave to file multiple dispositive motions and to shorten time. The next day, the court denied both administrative requests for lack of good cause, rendering the August 25 motion inoperative. The parties later filed renewed cross-motions for summary judgment in October, which became the operative dispositive filings.

On October 1, 2025, the government moved to stay briefing in both the Ninth Circuit and the district court during the government lapse in appropriations. The following day, October 2, 2025, the district court granted plaintiffs’ motion for class certification. On October 3, 2025, the appellate panel denied the government’s motion to stay briefing, keeping the schedule intact, and the district court likewise denied the government’s motion to stay proceedings during the federal funding lapse, holding that the litigation involved “the safety of human life or the protection of property” within the meaning of 31 U.S.C. § 1342.

On October 14, 2025, both parties filed cross-motions for summary judgment, and the government also moved to exclude plaintiffs’ experts. All merits motions were heard on November 18, 2025, together with the pending motion to dismiss.

As of December 2025, the case remains ongoing in the district court, with discovery supervised by Magistrate Judge Kim and consolidated dispositive motions pending. The government’s interlocutory appeal remains active in the Ninth Circuit under No. 25-4901, with briefing underway.

	Document
1 3:25-cv-05687	Complaint	July 7, 2025	July 7, 2025 Complaint
73 3:25-cv-05687	Order Granting Plaintiffs' Motion to Postpone	July 31, 2025	July 31, 2025 Order/Opinion
75 3:25-cv-05687	Defendants' Emergency Motion to Stay Pending Appeal	Aug. 1, 2025	Aug. 1, 2025 Pleading / Motion / Brief
5 25-4901	Emergency Motion Pursuant to Circuit Rule 27-3 Plaintiffs' Motion for Stay Pending Appeal Noem v. National TPS Alliance U.S. Court of Appeals for the Ninth Circuit	Aug. 8, 2025	Aug. 8, 2025 Pleading / Motion / Brief
87 3:25-cv-05687	Order Denying Defendants' Motion to Stay	Aug. 8, 2025	Aug. 8, 2025 Order/Opinion
96 3:25-cv-05687	Order U.S. Court of Appeals for the Ninth Circuit	Aug. 20, 2025	Aug. 20, 2025 Order/Opinion
144 3:25-cv-05687	Plaintiffs' Notice of Motion and Motion for Partial Summary Judgment; Memorandum of Points and Authorities in Support Thereof	Oct. 14, 2025	Oct. 14, 2025 Pleading / Motion / Brief
29 25-4901	[Untitled]	Oct. 20, 2025	Oct. 20, 2025
173 3:25-cv-05687	Reply to Opposition/Response	Nov. 4, 2025	Nov. 4, 2025
175 3:25-cv-05687	Reply to Opposition/Response	Nov. 4, 2025	Nov. 4, 2025

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants ( Filing fee $ 405, receipt number ACANDC-20864603.). Injunction against the US government/official or APA vacatur requested. Filed by Sandhya Lama, Jhony Silva, S.K., Denis Molina, Teofilo Martinez, National TPS Alliance, Maria Elena Hernandez, O.C.. (Attachments: # 1 Civil Cover Sheet)(Bansal, Jessica) (Filed on 7/7/2025) (Entered: 07/07/2025) 1 Civil Cover Sheet View on PACER	July 7, 2025	July 7, 2025 Clearinghouse
2	Proposed Summons. (Bansal, Jessica) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
2	Proposed Summons. (Bansal, Jessica) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
3	Proposed Summons. (Bansal, Jessica) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
3	Proposed Summons. (Bansal, Jessica) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
4	Proposed Summons. (Bansal, Jessica) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
4	Proposed Summons. (Bansal, Jessica) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
5	Rule 7.1 Disclosures by National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez identifying Other Affiliate Central American Resource Center CARECEN of California for National TPS Alliance. and Certificate of Interested Entities or Persons (Bansal, Jessica) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
5	Rule 7.1 Disclosures by National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez identifying Other Affiliate Central American Resource Center CARECEN of California for National TPS Alliance. and Certificate of Interested Entities or Persons (Bansal, Jessica) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
6	Certificate of Interested Entities by National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez (Bansal, Jessica) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
6	Certificate of Interested Entities by National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez (Bansal, Jessica) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
7	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez.. (Bansal, Jessica) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
7	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez.. (Bansal, Jessica) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
8	NOTICE of Appearance filed by Ahilan Thevanesan Arulanantham on behalf of National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez (Arulanantham, Ahilan) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
8	NOTICE of Appearance filed by Ahilan Thevanesan Arulanantham on behalf of National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez (Arulanantham, Ahilan) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
9	NOTICE of Appearance filed by Emilou MacLean on behalf of National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez (MacLean, Emilou) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
9	NOTICE of Appearance filed by Emilou MacLean on behalf of National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez (MacLean, Emilou) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
10	NOTICE of Appearance filed by Michelle Young Cho on behalf of National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez (Cho, Michelle) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
10	NOTICE of Appearance filed by Michelle Young Cho on behalf of National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez (Cho, Michelle) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
11	NOTICE of Appearance filed by Amanda Young on behalf of National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez (Young, Amanda) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
11	NOTICE of Appearance filed by Amanda Young on behalf of National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez (Young, Amanda) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
12	NOTICE of Appearance filed by Jessica Karp Bansal on behalf of National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez (Bansal, Jessica) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
12	NOTICE of Appearance filed by Jessica Karp Bansal on behalf of National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez (Bansal, Jessica) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
13	NOTICE of Appearance filed by Eva Lucia Bitran on behalf of National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez (Bitran, Eva) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
13	NOTICE of Appearance filed by Eva Lucia Bitran on behalf of National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez (Bitran, Eva) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
14	NOTICE of Appearance filed by Diana Sanchez on behalf of National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez (Sanchez, Diana) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
15	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-20865275.) filed by National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez. (Crew, Erik) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
15	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-20865275.) filed by National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez. (Crew, Erik) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
16	ADMINISTRATIVE MOTION of Plaintiffs' S.K. and O.C. to Proceed Under Pseudonym filed by National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez. Responses due by 7/11/2025. (Attachments: # 1 Declaration of Jessica Karp Bansal, # 2 Declaration of O.C., # 3 Declaration of S.K., # 4 Proposed Order)(Bansal, Jessica) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
16	ADMINISTRATIVE MOTION of Plaintiffs' S.K. and O.C. to Proceed Under Pseudonym filed by National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez. Responses due by 7/11/2025. (Attachments: # 1 Declaration of Jessica Karp Bansal, # 2 Declaration of O.C., # 3 Declaration of S.K., # 4 Proposed Order)(Bansal, Jessica) (Filed on 7/7/2025) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025
	Notice of Appearance/Substitution/Change/Withdrawal of Attorney	July 7, 2025	July 7, 2025
	Notice of Appearance/Substitution/Change/Withdrawal of Attorney	July 7, 2025	July 7, 2025
17	MOTION to Postpone Effective Date of Agency Action filed by National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez. Responses due by 7/22/2025. Replies due by 7/29/2025. (Attachments: # 1 Proposed Order, # 2 Declaration of Denis Molino, # 3 Declaration of Jhony Silva, # 4 Declaration of Maria Elena Hernandez, # 5 Declaration of OC, # 6 Declaration of Sandhya Lama, # 7 Declaration of SK, # 8 Declaration of Teofilo Martinez, # 9 Declaration of RA, # 10 Declaration of AC, # 11 Declaration of Rajbin Shreshta, # 12 Declaration of Patricia Carbajal, # 13 Declaration of Jose Palma, # 14 Declaration of Watson and Veuger, # 15 Declaration of Hannah Postel, # 16 Declaration of Tom Wong, # 17 Declaration of Dana Frank, # 18 Declaration of Melanie Morten, # 19 Declaration of Stacy Tolchin, # 20 Declaration of Elliott Young)(Bansal, Jessica) (Filed on 7/8/2025) (Entered: 07/08/2025)	July 8, 2025	July 8, 2025
18	Declaration of Jessica Karp Bansal in Support of 17 MOTION to Postpone Effective Date of Agency Action filed byNational TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31)(Related document(s) 17 ) (Bansal, Jessica) (Filed on 7/8/2025) (Entered: 07/08/2025)	July 8, 2025	July 8, 2025
19	ADMINISTRATIVE MOTION FOR ORDER SHORTENING TIME AND SETTING SCHEDULE re 17 MOTION to Postpone Effective Date of Agency Action filed by National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez. Responses due by 7/14/2025. (Attachments: # 1 Declaration, # 2 Proposed Order)(Bansal, Jessica) (Filed on 7/8/2025) (Entered: 07/08/2025)	July 8, 2025	July 8, 2025
20	Case assigned to Judge Trina L Thompson. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (mbc, COURT STAFF) (Filed on 7/8/2025) (Entered: 07/08/2025)	July 8, 2025	July 8, 2025
21	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-20866301.) filed by National TPS Alliance, Denis Molina, Jhony Silva, Maria Elena Hernandez, O.C., Sandhya Lama, S.K., Teofilo Martinez. (Wilfong, Lauren) (Filed on 7/8/2025) (Entered: 07/08/2025)	July 8, 2025	July 8, 2025
22	Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/2/2025. Initial Case Management Conference set for 10/9/2025 02:00 PM in San Francisco, - Videoconference Only. (pjf, COURT STAFF) (Filed on 7/8/2025) (Entered: 07/08/2025)	July 8, 2025	July 8, 2025
23	Summons Issued as to Kristi Noem, U.S. Department of Homeland Security, United States of America, U.S. Attorney and U.S. Attorney General (pjf, COURT STAFF) (Filed on 7/8/2025) (Entered: 07/08/2025)	July 8, 2025	July 8, 2025
24	ORDER by Judge Trina L. Thompson granting 21 Motion for Pro Hac Vice. (lrc, COURT STAFF) (Filed on 7/8/2025) (Entered: 07/08/2025)	July 8, 2025	July 8, 2025

Case: National TPS Alliance v. Noem

3:25-cv-05687 | U.S. District Court for the Northern District of California

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