TPS for Yemen:
Termination Challenged in Federal Court — May 4 Deadline Approaching
The Trump administration has announced the termination of TPS for Yemen, effective May 4, 2026 — ending over a decade of protection for approximately 2,810 Yemeni TPS holders and 425 pending applicants. Two federal lawsuits have been filed challenging the termination as unlawful and discriminatory. No court has issued a stay yet. Act now — seek legal advice before the deadline.
Urgent — no court stay in place: As of this writing, no court has paused the termination of TPS for Yemen. The termination is scheduled to take effect on May 4, 2026. Two federal lawsuits are pending, but Yemeni TPS holders should seek legal advice now and prepare a personal safety plan. Contact NNAAC or Center for Constitutional Rights (CCR) for referrals to immigration attorneys. CUSP will update this page immediately if a court issues a stay.
Important: This page provides general information about the Yemen TPS litigation and is intended for informational purposes only. It does not constitute legal advice. If you are a Yemeni TPS holder with questions about your specific situation, please consult a qualified immigration attorney. NNAAC may be able to connect you with legal resources.
- Nine Yemeni nationals (six TPS holders, three with pending applications) — filed as a putative class action representing all Yemeni TPS holders and applicants
- Kristi Noem, Secretary of Homeland Security
- The Department of Homeland Security (DHS)
- U.S. Citizenship and Immigration Services (USCIS)
- United States of America
- Yemen — effective May 4, 2026
- Approximately 2,810 current TPS holders + 425 pending applicants
- Seven Yemeni nationals (six TPS holders, one with a pending application) — pseudonymous, putative class action
- Kristi Noem, Secretary of Homeland Security
- The Department of Homeland Security (DHS)
- U.S. Citizenship and Immigration Services (USCIS)
- United States of America
- Yemen — effective May 4, 2026
- Center for Constitutional Rights (CCR)
Yemen was first designated for TPS in 2015 because of ongoing armed conflict and extraordinary humanitarian conditions that made it unsafe for Yemeni nationals in the U.S. to return. The designation was renewed by every subsequent administration — across both parties — as conditions in Yemen continued to worsen. The ongoing civil war has left more than 150,000 people dead and triggered one of the world’s worst humanitarian crises, with more than 23 million people — three quarters of the population — in need of humanitarian aid. DHS’s own notice acknowledges widespread lack of basic services, 4.5 million internally displaced people, and approximately 17 million people experiencing food insecurity. The State Department maintains a Level 4 “Do Not Travel” advisory — its highest — warning that “U.S. citizens should not travel to Yemen for any reason.”
This termination is part of the Trump administration’s coordinated campaign to eliminate TPS protections for Black, Asian, Arab, and immigrant communities of color — the same pattern seen in terminations for South Sudan, Ethiopia, Somalia, Haiti, Honduras, Nepal, Nicaragua, Venezuela, Afghanistan, Syria, Cameroon, and Burma — while fast-tracking refugee admissions for white South Africans. The complaint highlights that the termination was pre-ordained, not based on an objective country conditions review, and reflects discriminatory animus based on race, ethnicity, religion, and national origin.
- Declare the termination of TPS for Yemen unlawful and unconstitutional
- Set aside or vacate the termination decision
- Issue a stay or injunction preventing the termination from taking effect on May 4, 2026
- Stop all government agencies and employees from taking steps to implement the termination
The lawsuits challenge the termination of TPS for Yemen on two grounds: violation of the Administrative Procedure Act (APA) and violation of the U.S. Constitution.
Administrative Procedure Act (APA) violations
Constitutional claims
The government’s termination notice acknowledged that “extraordinary and temporary conditions” still prevent Yemenis from safely returning — and then terminated their protections anyway, invoking a “national interest” rationale no prior Secretary had ever used in the program’s 35-year history. The lawsuits argue the administration’s review was not objective, and that the pattern of terminations targeting non-white, non-European communities demonstrates that race and discriminatory animus — not country conditions — drove the decision.
- Your TPS status and work authorization remain valid through May 4, 2026. No court has issued a stay, but your current status has not yet terminated. Seek legal advice now to explore your options before that date.
- EADs with original expiration dates of March 3, 2023; September 3, 2024; or March 3, 2026 are automatically extended through May 4, 2026 per USCIS guidance. If you have one of these EADs, it remains valid until that date.
- For information on knowing and exercising your rights in encounters with immigration enforcement in the U.S., review the content available at wehaverights.us, prepared by We Have Rights and available in a variety of languages
- Understand that if you leave the U.S., you may not be able to lawfully reenter the U.S. on TPS status, even if a court later blocks the termination. Do not travel internationally without first consulting an immigration attorney.
- Before considering self-deportation using the CBP Home app, review information about your rights, such as this content from the National Immigration Law Center
- If you have pending immigration court cases, continue to attend all hearings. Continue pursuing immigration applications or benefits for which you are eligible.
For some people, planning ahead for the possibility of immigration enforcement can help to restore a sense of personal agency in the face of uncertainties and risk. This is called “emergency planning.” With the May 4 deadline approaching and litigation still pending, it is especially important to be prepared now — regardless of how the courts rule.
You can learn more about emergency planning through these resources:
For support with mental-health-related needs during this time of uncertainty, here are some potential resources:
Both lawsuits are pending in the Southern District of New York. CUSP will update this page immediately if a court issues a stay or any other significant ruling before the May 4 effective date. Follow NNAAC and CUSP for the most current information.