TPS for Yemen:
Court-Protected — Postponement Granted
On May 1, 2026, a federal court granted the Motion to Postpone Agency Action in the consolidated Yemen TPS cases, ordering postponement of the termination. Yemeni TPS holders retain their status, work authorization, and protection from deportation while the litigation continues. This is a major victory for the Yemeni community.
Major victory — May 1, 2026: The federal court granted the Motion to Postpone Agency Action in the consolidated Yemen TPS cases (Noor Doe v. Noem and Abdo Doe v. Noem), ordering postponement of the termination. Yemeni TPS holders retain all protections including work authorization and protection from deportation and detention while the court reviews the case. The May 4 termination did not take effect. Follow updates from Center for Constitutional Rights (CCR), NNAAC, and CUSP.
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. Center for Constitutional Rights (CCR) and NNAAC may be able to connect you with legal resources.
- Sixteen Yemeni nationals total (twelve TPS holders, four with pending applications) — consolidated 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 — termination was set for May 4, 2026 (postponed by court order)
- Approximately 2,810 current TPS holders + 425 pending applicants
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. 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.
- Center for Constitutional Rights (CCR)
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 in effect by court order. The May 4 termination did not take effect. Yemeni TPS holders retain their status, work authorization, and protection from deportation and detention while the litigation continues.
- 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 including Arabic.
- Understand that if you leave the U.S., you may not be able to lawfully reenter the U.S. on TPS status, even with the court order in place. 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.” Even with the court order in place, it is wise to be prepared — the lawsuit is ongoing.
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:
The consolidated lawsuits resulted in a major victory on May 1, 2026, when the court granted the Motion to Postpone Agency Action. CUSP will update this page as the case develops. Follow Center for Constitutional Rights (CCR), NNAAC, and CUSP for the most current information.