TPS for Yemen:
Postponement Stayed — Termination May Now Proceed
On July 20, 2026, U.S. District Judge Dale Ho stayed his own May 1 postponement order pending DHS’s appeal to the Second Circuit Court of Appeals. As a result, DHS may move forward with terminating TPS for Yemen beginning July 24, 2026. This is a hard setback after the May victory. Plaintiffs have filed renewed motions asking the court to restore protection, and the constitutional claim continues. If you are a Yemeni TPS holder, please speak with an immigration attorney as soon as possible, and check AALDEF’s resource hub for the latest status.
Postponement stayed — July 20, 2026: In the consolidated Yemen TPS cases (Noor Doe v. Noem and Abdo Doe v. Noem), Judge Dale Ho stayed his own May 1 postponement order pending DHS’s appeal to the Second Circuit. DHS may move forward with terminating TPS for Yemen beginning July 24, 2026. Plaintiffs have filed renewed motions to restore protection, but until a court rules on them your status is at risk. Speak with an immigration attorney immediately, and check AALDEF’s Yemen TPS Resource Hub for the current status.
The fight is not over: Plaintiffs have moved for a renewed administrative stay and to postpone the termination, and the case is on appeal at the Second Circuit. After the June 25 Supreme Court ruling barred the Administrative Procedure Act (APA) claims, the surviving constitutional claim — that the termination was intentional discrimination based on race, ethnicity, religion, and national origin — continues. Plaintiffs are represented by AALDEF and the Center for Constitutional Rights.
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. The Asian American Legal Defense and Education Fund (AALDEF), 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 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 May 1; the postponement was stayed July 20, 2026, so termination may proceed from July 24, 2026
- Approximately 2,810 current TPS holders + 425 pending applicants
The May 1 postponement protected Yemeni TPS holders through the spring. After the June 25 Supreme Court ruling barred APA claims, the government moved (July 9) to undo the postponement, and on July 20, 2026, Judge Dale Ho stayed his own postponement order pending DHS’s appeal to the Second Circuit — allowing DHS to move forward with the termination beginning July 24, 2026. Plaintiffs have moved for a renewed administrative stay and to postpone agency action; those motions are pending. The constitutional discrimination claim continues.
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 worsened. The ongoing civil war has left more than 150,000 people dead and triggered one of the world’s worst humanitarian crises, with roughly 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.
This termination is part of the 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.
- Asian American Legal Defense and Education Fund (AALDEF) — lead counsel; coordinating community education materials (English & Arabic)
- Center for Constitutional Rights (CCR) — co-counsel
- NNAAC — CUSP member organization; Arab community support & referrals
- CUSP — litigation coordination
The lawsuits challenged the termination of TPS for Yemen on two grounds: violation of the Administrative Procedure Act (APA) and violation of the U.S. Constitution. After the June 25 Supreme Court ruling, the APA claims can no longer be reviewed by the courts. The constitutional discrimination claim survives and continues on appeal.
APA claims — now barred from judicial review
Constitutional claim — still alive
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. Plaintiffs argue that this internal contradiction, and the pattern of terminations targeting non-white, non-European communities, show that race and discriminatory animus — not country conditions — drove the decision. That is the claim that now continues.
- The court order that had been protecting Yemeni TPS holders was stayed on July 20, 2026, and the termination may proceed beginning July 24, 2026. Do not assume you are still protected. Talk to an immigration attorney right away about your current status, your work authorization, and any other pathways to legal status that may apply to you. Plaintiffs have asked the court to restore protection — check AALDEF’s hub for the latest.
- Regardless of your status, you have rights. You have the right to remain silent and the right to speak to a lawyer. You do not have to open your door to ICE without a judicial warrant signed by a judge. For guidance available in many languages including Arabic, review wehaverights.us and the ACLU Know Your Rights guide.
- Understand that if you leave the U.S., you may not be able to lawfully reenter on TPS status, even if a court later restores protection. 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, and continue pursuing any immigration applications or benefits for which you are eligible.
Planning ahead for the possibility of immigration enforcement can help restore a sense of control in the face of uncertainty. This is called “emergency planning.” With the postponement stayed and the termination able to proceed from July 24, it is important to prepare now — organize your documents, decide who can care for your children or dependents, and know who to call.
These resources can help:
This is hard, frightening news, and your feelings are valid. For support during this time of uncertainty, here are some free resources. If you or someone you love is in crisis, you can call or text 988 (Suicide & Crisis Lifeline).
On July 20, 2026, the court stayed its May 1 postponement pending DHS’s appeal to the Second Circuit, allowing the termination of TPS for Yemen to proceed from July 24. Plaintiffs have moved to restore protection and continue to litigate the constitutional claim. Because this situation is moving quickly, check AALDEF’s Yemen TPS Resource Hub for the current status. Follow AALDEF, CCR, NNAAC, and CUSP for the most current information.