United States: District Court Permits DHS to Move Forward With Yemen TPS Termination
July 21, 2026
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At a glance
- A federal district court in New York has cleared the way for the Department of Homeland Security (DHS) to terminate the Yemen TPS designation by lifting its earlier court order postponing the termination.
- The district court order is a direct result of the U.S. Supreme Court’s June 2026 decision allowing the Trump Administration to terminate TPS for Haiti and Syria; the decision impacts ongoing litigation and DHS termination efforts for several other countries, including Yemen.
- The Yemen TPS designation and related EADs are currently scheduled to expire after July 24, 2026.
- USCIS is expected to provide guidance on the next steps in its Yemen TPS termination.
The issue
On July 20, a federal district court in the Southern District of New York lifted its earlier postponement order that blocked the Department of Homeland Security (DHS) termination of Temporary Protected Status (TPS) for Yemen. The district court’s new order permits DHS to move forward with its termination of Yemen TPS. Currently, the designation and related employment authorization documents (EAD) are scheduled to expire after July 24, 2026.
The district court action follows a June 25 U.S. Supreme Court decision, in which the Court ruled that the Trump Administration could proceed with its plan to terminate TPS designations for Haiti and Syria. In its June decision, the Supreme Court held that federal courts are not permitted to review TPS determinations by DHS on non-constitutional grounds and the Court rejected plaintiffs’ constitutional argument as a basis for postponing the Haiti TPS termination. Given that the same or similar arguments were made by plaintiffs in the Yemen TPS lawsuit, the district court found that it was bound by the Supreme Court decision, and lifted its earlier postponement order, permitting the Yemen TPS termination to move forward.
The district court case is Doe v. Noem, No. 1:26-cv-02280 (S.D.N.Y., filed March 19, 2026).
Background
Yemen was first designated for TPS in 2015, and that designation had been repeatedly renewed, until this year, when DHS announced that TPS for Yemen would terminate on May 4, 2026. On May 1, the Doe district court issued an order postponing the termination, ruling that DHS failed to follow the statutorily mandated procedures for reviewing country conditions before making its decision to terminate the TPS designation.
On June 25, the U.S. Supreme Court ruled in a separate set of consolidated TPS cases that the Trump Administration could proceed with its plan to terminate the TPS designations for Haiti and Syria because the DHS decision to terminate a TPS designation was not reviewable by the courts. The Supreme Court decision is the basis for the Doe court’s July 20 order, and is anticipated to affect the outcome of all ongoing TPS litigation.
Since the Supreme Court decision was issued, U.S. Citizenship and Immigration Services (USCIS) has been briefly extending the validity of TPS employment authorization documents (EADs) for several countries in short increments, including for Yemen.
What’s next
USCIS is expected to issue guidance related to the new district court order and termination of TPS for Yemen in the coming days. In its most recent public guidance, the agency designated July 24, 2026 as the expiration date for TPS and related employment authorization for Yemen beneficiaries.
If you have questions about this alert, or any issue related to employment authorization under Temporary Protected Status, please contact the immigration professional with whom you work at Fragomen. This alert is for informational purposes only.
