A federal judge in New York on Friday blocked the Trump administration from terminating Temporary Protected Status for nearly 3,000 Yemeni nationals whose protections were set to expire on Monday.
U.S. District Judge Dale Ho, appointed by former President Joe Biden, issued the preliminary injunction in favor of 16 Yemeni plaintiffs who sued the Department of Homeland Security. The ruling prevents the deportation of about 2,810 Yemenis holding TPS and 425 with pending applications.
Ho criticized former DHS Secretary Kristi Noem for failing to consult relevant government agencies, as required by statute, before announcing the termination in February. "Congress has, by statute, established a process for such review, which the Secretary failed to adhere to here," Ho wrote in his 36-page decision. He described TPS holders as "ordinary, law-abiding people" spared from returning to Yemen, ravaged by civil war for nearly a decade, and rejected inflammatory characterizations of them.
Temporary Protected Status, created by Congress in 1990, shields nationals of designated countries from deportation due to ongoing armed conflict, natural disasters, or other extraordinary conditions. It also provides work authorization. Yemen received a TPS designation in 2015 under President Barack Obama amid its civil war involving Houthi rebels and a Saudi-led coalition. The status has been extended multiple times, including during Trump's first term and most recently in 2024 under President Biden, due to persistent violence and humanitarian crises.
The U.S. State Department maintains a Level 4 "Do Not Travel" advisory for Yemen, citing terrorism, civil unrest, crime, health risks, kidnapping, and landmines. Among the plaintiffs are a pregnant woman in Detroit whose fetus has a congenital heart condition and a former human rights worker in Brooklyn targeted by Houthi-aligned militias.
The Trump administration, pursuing stricter immigration enforcement, has moved to end TPS for 13 countries, arguing such protections are not in the national interest despite ongoing conditions. A DHS spokesperson responded to Ho's ruling by stating, "Temporary means temporary and the final word will not be from activist judges legislating from the bench."
Ho noted the Supreme Court recently heard arguments on similar TPS cases involving Haiti and Syria, but said immediate action was needed. The ruling temporarily preserves the status while litigation continues, potentially heading to higher courts.
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