Federal court postpones DHS termination of Yemen Temporary Protected Status
Judge Dale Ho's May 1 order keeps TPS in place for around 2,800 Yemeni nationals, finding DHS bypassed the consultation Congress requires.
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 halts 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
As of May 3, 2026, Yemen TPS remains in effect. Yemeni nationals previously granted TPS retain valid Employment Authorization Documents past the original May 4 expiration pending the court's resolution of the consolidated cases. DHS may appeal the order or initiate a new termination process that addresses the consultation requirement.
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 is separately considering Noem v. National TPS Alliance (No. 25A326), which addresses related questions about TPS terminations across multiple national designations.
Sources
Primary government sources
Named-expert citations
- Razeen Zaman, Director of Immigrant Rights, Asian American Legal Defense and Education Fund (AALDEF)