Federal court postpones DHS termination of Yemen Temporary Protected Status
Judge Dale Ho's May 1 order postponed the termination of TPS for around 2,800 Yemeni nationals; after the Supreme Court's June 25 ruling in Mullin v. Doe, the designation ended effective July 20, 2026.
The U.S. District Court for the Southern District of New York issued an order on May 1, 2026, postponing the Department of Homeland Security's termination of Temporary Protected Status for Yemen, which had been scheduled to take effect May 4. The order keeps TPS in place for approximately 2,800 Yemeni nationals while litigation proceeds.
What's new
Judge Dale E. Ho granted the plaintiffs' motion to postpone the termination in two consolidated cases — Doe v. Noem, No. 1:26-cv-02103, and the related action at No. 1:26-cv-02280 — both filed in the Southern District of New York. The order halts DHS's termination of Yemen TPS that had been scheduled for May 4, 2026, the date Yemeni TPS holders' Employment Authorization Documents were set to expire.
The court found that Homeland Security Secretary Kristi Noem failed to follow the statutory procedure Congress established before terminating a country's TPS designation. Judge Ho concluded that the Secretary did not consult with the relevant government agencies as the TPS statute (8 U.S.C. § 1254a) requires, and wrote that the termination was carried out in "clear disregard" of the prescribed process.
DHS announced the termination of Yemen TPS in February 2026, with EADs and protection from removal set to lapse on May 4, 2026. Approximately 2,800 Yemeni nationals were covered by the designation.
Why it matters
The order halted DHS removal enforcement against Yemeni TPS holders pending further proceedings, keeping work authorization and protected status in place for an estimated 2,800 people. The decision rests on procedural grounds — the statutory consultation requirement — rather than on the substantive question of whether conditions in Yemen warrant TPS continuation.
“Today, the court has made clear that humanitarian statutes like TPS cannot be used as a deportation pipeline.”
The procedural basis of the ruling leaves open the possibility that DHS could restart the termination process if it follows the consultation steps Congress prescribed. The Yemen order joins a wider pattern of judicial scrutiny of Trump-administration TPS terminations during the 2025–2026 cycle.
Where it stands
The May 1 order kept Yemen TPS in effect past the original May 4, 2026 expiration while the consolidated cases continued. On June 25, 2026, the Supreme Court held in Mullin v. Doe, a case concerning the Syria and Haiti terminations, that the TPS statute bars judicial review of non-constitutional claims. USCIS states that the Yemen TPS designation is terminated, effective July 20, 2026.
As of October 22, 2026, Yemen TPS has ended.
The plaintiffs are represented by the Asian American Legal Defense and Education Fund and the Center for Constitutional Rights, with support from the Catholic Legal Immigration Network. The Supreme Court's June 25, 2026 decision in Mullin v. Doe (No. 25-1083) addressed related questions about TPS terminations across multiple national designations.
Sources
Primary government sources
- U.S. District Court, Southern District of New York — Order Granting Motion to Postpone, Doe v. Noem (Nos. 1:26-cv-02103 + 1:26-cv-02280), May 1, 2026
- USCIS — Secretary of Homeland Security Announces Termination of Temporary Protected Status for Yemen (EADs expire May 4, 2026)
- USCIS — Temporary Protected Status Designated Country: Yemen (terminated effective July 20, 2026)
- Supreme Court of the United States — Mullin v. Doe, No. 25-1083 (June 25, 2026)
Named-expert citations
- Razeen Zaman, Director of Immigrant Rights, Asian American Legal Defense and Education Fund (AALDEF)