A federal judge in Manhattan moved quickly Today to block the Trump administration from ending temporary deportation protections for nearly 3,000 Yemeni nationals living and working in the United States. The order came just days before the termination was set to take effect, halting what would have been a May 4 deadline for affected immigrants to leave the country or face arrest and deportation.
U.S. District Judge Dale Ho, appointed by former President Joe Biden, ruled in favor of 16 Yemeni nationals who had sued the Department of Homeland Security over its decision to end their Temporary Protected Status. Ho agreed to keep the program running while the lawsuit moves forward, finding that the government likely acted unlawfully when it canceled the protections earlier this year.
What TPS covers and who holds it
Temporary Protected Status is a federal program established by Congress in 1990 that allows people from countries experiencing armed conflict, natural disasters or other dangerous conditions to live and work legally in the United States on a temporary basis. Relief is granted for periods of up to 18 months but can be extended. To qualify, recipients cannot have been convicted of a felony or more than one misdemeanor, cannot have ties to drug trafficking or terrorism and cannot pose a threat to national security.
Yemen was first designated for TPS in 2015 under the Obama administration, based on the ongoing civil war that made return unsafe. The designation was renewed multiple times, including during Trump’s first term. The most recent renewal came in 2024 and again cited the country’s civil war and worsening humanitarian conditions. The U.S. State Department currently maintains a Level 4 travel advisory for Yemen, its highest warning category, citing terrorism, kidnapping, crime, landmines and civil unrest.
Approximately 2,810 Yemeni nationals currently hold TPS. Another 425 have applications pending.
Why the judge ruled against the administration
Ho found that former Homeland Security Secretary Kristi Noem failed to follow the process Congress established for reviewing a country’s conditions before terminating its TPS designation. The law requires consultation with relevant government agencies before such a decision is made. According to the judge, that process was bypassed entirely.
In his ruling, Ho described TPS holders from Yemen as ordinary, law-abiding people who have been permitted to remain in the United States because the government has repeatedly determined that returning them to an active conflict zone would put their lives at risk. He acknowledged that TPS designations are subject to periodic review and can be changed, but said the legally mandated procedure for making that change was not followed.
The Department of Homeland Security pushed back on the ruling. A spokesperson said allowing the Yemeni nationals to remain in the country was contrary to the national interest and indicated the administration intends to continue fighting the matter in court.
A broader pattern of legal setbacks
Today’s order is part of a wider legal struggle over the administration’s immigration enforcement agenda. The Trump administration has moved to terminate TPS designations for 13 countries in total. Courts have repeatedly blocked those efforts.
Just two days before Ho’s ruling, the conservative-majority U.S. Supreme Court agreed to hear the administration’s appeal of similar rulings that have kept TPS protections in place for more than 350,000 people from Haiti and 6,100 from Syria. A decision in that case is expected by late June or early July.
The outcome at the Supreme Court could have significant implications for the Yemen case and others like it. Ho said he was aware of the pending Supreme Court proceedings but determined that the circumstances required him to act without waiting for higher court guidance.
What comes next
With the May 4 deadline now blocked, Yemeni TPS holders can continue living and working in the United States while the federal lawsuit proceeds. The judge’s order keeps the program intact for the time being, though the administration has made clear it plans to pursue the matter further.
Advocates for TPS holders say the stakes extend well beyond legal procedure. Yemen remains one of the most dangerous countries in the world, and those who have built lives in the United States over the past decade face an uncertain path if protections are ultimately stripped away.