United States: Federal District Court Stays Termination of Yemen TPS
May 1, 2026
Country / Territory
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At a glance
- A federal district court in the Southern District of New York has postponed the termination of Temporary Protected Status for Yemen, which was set to take effect on May 4.
A closer look
Federal district court judge Dale Ho of the Southern District of New York issued an order today postponing the termination of Temporary Protected Status (TPS) for Yemen, three days before the termination was set to take effect. The court ruled that the government’s decision to terminate Yemen TPS was defective because the Department of Homeland Security (DHS) failed to follow the statutorily mandated procedures for reviewing country conditions before making its decision to terminate the TPS designation.
The case is Doe v. Noem, No. 1:26-cv-02280 (S.D.N.Y., filed March 19, 2026).
Yemen was first designated for TPS in 2015, and that designation has been repeatedly renewed, until this year, when DHS announced that TPS for Yemen would terminate on May 4, 2026.
The court order did not specify the duration of the postponement or expressly extend work authorization for Yemen TPS beneficiaries. DHS is expected to update the Yemen TPS webpage in the near future to indicate how it intends to implement the court decision.
The government is expected to appeal the district court decision.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
