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"Secretary Noem's statements perpetuate the discriminatory belief that certain immigrant populations will replace the white population," the judge wrote, stressing that "color is neither a poison nor a crime."
"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."
That's how U.S. District Judge Trina Thompson began a Thursday order postponing recent moves by President Donald Trump's administration to end Temporary Protected Status (TPS) for around 60,000 migrants from Honduras, Nepal, and Nicaragua.
The U.S. Department of Homeland Security (DHS) issues TPS designations for countries impacted by war, environmental disasters, or other extraordinary conditions, allowing migrants from those nations to legally live and work in the United States.
Homeland Security Secretary Kristi Noem announced in June and July that the administration would end TPS for people from Honduras, Nepal, and Nicaragua this summer. The decisions followed similar attempts to terminate those designations during Trump's first term—efforts blocked by U.S. courts and then ended under former President Joe Biden.
"As a TPS holder and mother, this victory means safety, hope, and the chance to keep building our lives here."
When Trump returned to power in January, he issued an executive order titled "Protecting the American People Against Invasion," which was "cited in later decisions vacating or terminating TPS designations," Thompson pointed out. The judge, who was appointed to the Northern District of California by Biden, also highlighted "repeated rhetoric by administration officials that associated immigrants and TPS holders with criminal activity or other undesirable traits."
The 37-page order details some of Noem's comments during her confirmation hearing and news interviews. Thompson wrote that "these statements reflect the secretary's animus against immigrants and the TPS program even though individuals with TPS hold lawful status—a protected status that was expressly conferred by Congress with the purpose of providing humanitarian relief."
"Their presence is not a crime. Rather, TPS holders already live in the United States and have contributed billions to the economy by legally working in jobs, paying taxes, and paying contributions into Medicare and Social Security," she noted. "By stereotyping the TPS program and immigrants as invaders that are criminal, and by highlighting the need for migration management, Secretary Noem's statements perpetuate the discriminatory belief that certain immigrant populations will replace the white population."
"Color is neither a poison nor a crime," stressed the judge, who is Black. She concluded that the various TPS holders who are the plaintiffs provided "sufficient evidence to demonstrate that the secretary's TPS Nepal, Honduras, and Nicaragua terminations were based on a preordained determination to end the TPS program, rather than an objective review of the country conditions."
Thompson ordered the TPS terminations for the three countries postponed until a November 18 hearing on the merits of the case, at which point her decision will be subject to extension.
🚨 JUST IN: A district court has ruled that TPS for Nepal, Honduras, and Nicaragua cannot be terminated at this time — protections will remain in place through at least November 18, 2025 as the case continues.
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— Haitian Bridge Alliance (@haitianbridge.bsky.social) July 31, 2025 at 11:57 PM
"Judge Thompson's decision renews hope for our immigrant communities—especially for the tens of thousands of TPS holders from Honduras, Nicaragua, and Nepal who have lived here for decades and are part of the National TPS Alliance," said Teofilo Martinez, a Honduran TPS holder, plaintiff, and an alliance leader, in a statement.
"This ruling gives us strength, affirms the power of organizing, and reminds us what's at stake: the right to stay in the only home many of us have ever known," Martinez added. "We will keep fighting for permanent protections and to stop the cruel separation of our families."
Sandhya Lama, another plaintiff and TPS holder from Nepal, described the judge's order as "a powerful affirmation of our humanity and our right to live without fear."
"As a TPS holder and mother, this victory means safety, hope, and the chance to keep building our lives here," she said. "We stand united, grateful, and determined to continue the fight for a permanent future in the country we call home."
The plaintiffs are represented by the ACLU Foundations of Northern California and Southern California, Haitian Bridge Alliance, National Day Laborer Organizing Network (NDLON), and Center for Immigration Law and Policy at the University of California, Los Angeles School of Law.
"The Trump administration is aggressively, and illegally, seeking to dismantle TPS. But they will not do so without a fight," said ACLU of Northern California attorney Emi MacLean. "Today is a good day. Sixty60,000 long-term residents of the U.S., who have followed all the rules, will be allowed to remain in the U.S. and continue to defend their rights inside and outside of court."
"It is hard to open social media without seeing cellphone videos from the cars-washing-down-steep-streets genre; everywhere the flows are muddy-brown, and swirling with power," Bill McKibben said.
Floodwaters brought mass death and destruction to the United States and Nepal over the weekend due to storms likely intensified by climate breakdown, following a month of extreme weather across the world.
Hurricane Helene, a category 4 storm, killed at least 111 across six states in the southeastern U.S., most notably in western North Carolina. Like that area, Nepal was hit by floodwaters and landslides, especially in and around Kathmandu, the capital, on Saturday; the death toll there is currently 193.
Mexico also faced a deadly hurricane last week, while West and Central Africa and Central Europe both faced extreme flooding earlier in the month.
Bill McKibben, a prominent writer and climate organizer, said the effects of climate change are becoming impossible not to see.
"It is hard to open social media without seeing cellphone videos from the cars-washing-down-steep-streets genre; everywhere the flows are muddy-brown, and swirling with power," he wrote in an essay republished by Common Dreams on Monday.
"I've never seen devastation like this." Cars and trucks were tossed around like toys in Asheville, North Carolina, after catastrophic flooding from Helene. pic.twitter.com/4wA33g7VLB
— AccuWeather (@accuweather) September 30, 2024
Hurricane Helene hit Florida's Big Bend area late Thursday with 140-mph winds and then traveled through parts of Georgia, the Carolinas, Tennessee, and Virginia in the following days. The most severe damage came from rains in the mountains of eastern Tennessee and western North Carolina.
Parts of Asheville, North Carolina, saw stunning levels of flooding, with some buildings inundated to the top of the first story. The city's drinking water infrastructure was badly damaged. Ironically, Asheville had been described in a national news publication as a "climate haven" and "ideal destination" for climate stability.
Flooding also effectively destroyed Chimney Rock, a village of about 220 people roughly 20 miles east of Asheville, and the nearby town of Lake Lure, which has a population of about 1,300.
Went to help in the Lake Lure/Chimney Rock area today, and it’s hard to describe - never seen anything like this. Post apocalyptic. It’s so overwhelming you don’t even know how to fathom what recovery looks like, let alone where to start. Going to be a long path to recovery that… pic.twitter.com/HnyxwyQB76
— Tariq Scott Bokhari (@FinTechInnov8r) September 29, 2024
In addition to the 111 dead, there are hundreds of people unaccounted for following Hurricane Helene, whose strength was likely buoyed by exceptionally warm temperatures in the Gulf of Mexico.
"Make no mistake: The unimaginable devastation we're seeing across the Southeast is the climate crisis in action. As long as we continue with the status quo of unchecked fossil fuel use, these disasters will only become more frequent, more severe, and more deadly," Ben Jealous, the Sierra Club's executive director, said in a statement about the hurricane.
President Joe Biden said Monday that he would visit the region, possibly later this week, The New York Times reported. The Federal Emergency Management Agency (FEMA), along with the National Guard, the Army Corps of Engineers, and the Federal Communications Commission, have together deployed more than 6,300 aid and rescue personnel to the region.
The damage in Nepal has also been extraordinary. Monsoon season usually ends by mid-September, but not this year. Landslides in recent days cut off the major roads around Kathmandu, where heavy floods in the south of the city killed dozens.
On Saturday, a landslide near a road about 10 miles outside of Kathmandu killed roughly three dozen people who were sleeping on buses amid the stopped traffic caused by previous landslides, The Associated Press reported. The rains subsided on Sunday and rescue operations remain underway.
In addition to the 193 dead, there are 31 people missing and dozens injured, officials said.
Nepal floods: At least 100 dead and dozens missing after days of heavy rainfallhttps://t.co/GwqBzuL23P pic.twitter.com/i2MB9HdQos
— BBC Weather (@bbcweather) September 29, 2024
The disasters in the U.S. and Nepal were preceded only slightly by Hurricane John, a category 3 storm that landed in the state of Guerrero in Mexico last week, near the resort city of Acapulco. The storm killed at least 16, with some media outlets reporting a death toll as high as 29.
Scientists dubbed John a "zombie storm" because it dissipated but then regained strength over the waters of the Pacific Ocean before landing again, as a tropical storm, further north in Mexico. Most of the damage came from torrential rains. The state of Oaxaca alone had more than 80 reported landslides, some of which buried homes and their occupants, the BBC reported.
Residents look at a broken bridge following Hurricane John near Acapulco, Mexico, on September 29, 2024. (Photo: Francisco Robles/AFP via Getty Images)
The disasters of the past week follow a month of extreme weather in much of the world.
"The month of September has seen record-breaking floods across parts of Europe, Africa, and Asia," The Guardian reported. "Hurricanes and heavy rains have left towns and cities submerged and triggered the mass displacement of people. Climate scientists have said that many of these incidents are linked to human-induced climate change."
Chad, Nigeria, Mali, Cameroon, and Niger have seen catastrophic flooding this rainy season, destroying hundreds of thousands of homes. Most of the city of Maiduguri, Nigeria was flooded on September 10 when a dam burst, causing mass displacement.
On September 18, Samantha Power, the administrator of the U.S. Agency for International Development, called the flooding in Africa "historic" and pleaded for more humanitarian assistance.
The flooding in Central Europe in mid-September, which was made more likely and more intense by climate change, also reached record-setting levels, lingering over a huge swath of territory, across several countries, for days.
The translocation is part of a larger effort to create viable populations of greater one-horned rhinos across Nepal, which has seen its rhino population grow from just 100 in 1966 to more than 750.
People living around Koshi Tappu Wildlife Reserve in eastern Nepal are preparing to welcome two very special guests on World Tourism Day, Sept. 27.
Pushpa and Anjali are greater one-horned rhinos (Rhinoceros unicornis) who are being moved here from Chitwan National Park in central Nepal. The translocation of the two female rhinos is aimed at boosting the tourism potential and biodiversity of the eastern Terai Arc region that runs across southern Nepal and northern India.
“We will be translocating two rhinos to Koshi Tappu Wildlife Reserve on the occasion of World Tourism Day,” Hari Bhadra Acharya, acting director-general at the Department of National Parks and Wildlife Conservation told Mongabay. Although Acharya said they were yet to decide which pair will be translocated, department sources told Mongabay that Pushpa and Anjali have been chosen for the purpose.
The rhinos were rescued as calves in 2019 and 2020 after being abandoned by their mothers, and cared for since then at a rehabilitation center outside Chitwan run by the National Trust for Nature Conservation, a semi-governmental body. They will be the first of their species to inhabit Koshi Tappu.
"The park, which has no rhinos at present, offers a suitable habitat and less human disturbance for the rhinos."
The pair had previously this year been released into the wild in Chitwan, to the dismay of local residents and conservationists. They said the animals, which are habituated to humans, pose a risk to themselves and to people, and urged officials to relocate them as soon as possible
A move to Koshi Tappu was one of the original options officials had considered prior to the rhinos’ release, along with possibly gifting them to foreign countries as a form of “rhino diplomacy,” much the same way China hands out pandas to other countries. Koshi Tappu, unlike Chitwan, doesn’t have any tigers, which would make the reserve a safer place for the young rhinos.
“The decision to translocate rhinos to Koshi Tappu National Park was made after considering their conservation value,” said Acharya. “The park, which has no rhinos at present, offers a suitable habitat and less human disturbance for the rhinos.”
According to Nepal’s 2021 rhino census, Chitwan National Park is home to 694 rhinos, Bardiya National Park in the west has 38, Shuklaphanta National Park, also in the west, has 17, and Parsa National Park, adjacent to Chitwan, has three.
The planned translocation Pushpa and Anjali, carried out with the support of the NTNC, is also a part of the government’s long-term plan to create multiple viable populations of the vulnerable species in Nepal. For their move, the rhinos will be sedated and transported by truck, according to Acharya.
As with its tigers, Nepal has been successful in conserving its rhinos, achieving zero poaching for several years running now and growing the population from a low of 100 in 1966 to 752 in 2021. Translocations have been part of the conservation strategy during this period, beginning with the first batch of 13 rhinos moved from Chitwan to Bardiya in 1986.
This translocation is just a start, with more rhinos set to be moved to Koshi Tappu based on how the translocated pair adapt.
"We hope that the [latest] translocation will not only enhance the conservation of the species, but also attract more tourists and visitors to Koshi Tappu,” Acharya said, noting that the wildlife reserve, which is also a Ramsar site — a key wetland — and an important bird habitat.Residents living near the reserve have awaited the arrival of rhinos there since 2017. That year, 15 wild water buffalo (Bubalus arnee) from Koshi Tappu were moved to Chitwan, with officials promising to bring over rhinos in return. However, the buffalo translocation wasn’t successful, with the animals all dying for various reasons shortly after their arrival in Chitwan.
Nepali conservationists have long pushed for the translocation of animals to take place at scale so that newly established populations survive in new habitats. Translocating two female rhinos to Koshi Tappu, where they won’t be able to breed to produce offspring, doesn’t serve a conservation purpose, they argue. However, Acharya said this translocation is just a start, with more rhinos set to be moved to Koshi Tappu based on how the translocated pair adapt.