The fate of around 3,000 Yemeni refugees in the United States took a significant turn as a federal judge intervened to extend their Temporary Protected Status (TPS), which was due to expire imminently. This unexpected legal decision comes amid ongoing debates over immigration policies and their humanitarian impact.
On Friday, Judge Dale E. Ho from Manhattan issued an emergency order to extend TPS for Yemeni refugees while a lawsuit challenging the termination of their protections is in progress. This move temporarily halts the Trump administration’s initiative to end TPS for these individuals, which was originally set to expire on Monday. The judge emphasized that TPS holders are law-abiding people who face serious safety risks if forced to return to Yemen, a nation embroiled in conflict.
The Trump administration has been actively rescinding TPS for nationals from nine countries, including Haiti, Venezuela, and Ethiopia. According to U.S. Citizenship and Immigration Services, Yemen was next in line, with protections slated to end soon before Judge Ho’s intervention.
Under the TPS designation, beneficiaries are permitted to reside in the United States and cannot be deported. Additionally, they are eligible for work and travel permits. However, the decision to terminate Yemen’s TPS was announced by former Homeland Security Secretary Kristi Noem, who argued that maintaining these protections was “contrary to our national interest.” Judge Ho criticized Noem’s process and remarks, particularly a December social media post advocating for a full travel ban.
Judge Ho also highlighted the personal stories of some TPS holders, including a pregnant woman in Detroit with a child needing medical care unavailable in Yemen, and a former human rights worker in Brooklyn targeted by militias in Yemen. These examples underscore the dire circumstances these individuals could face if returned.
A statement from the U.S. Department of Homeland Security reiterated the administration’s stance, asserting that the TPS program should return to its “original temporary intent.” However, Razeen Zaman from the Asian American Legal Defense and Education Fund praised the ruling, indicating that humanitarian laws like TPS should not become “a deportation pipeline.”
Yemeni Community’s Response
The court’s decision has been met with relief and gratitude from the Yemeni community in the U.S. In a press release, plaintiffs in the lawsuit expressed that the ruling is vital not only for individuals but also for their collective contribution to society. One individual explained that Yemenis in the U.S. are integral to various sectors, ranging from healthcare to everyday services, highlighting their resilience and dedication.
Yemen’s initial designation for TPS occurred in 2015, correlating with the escalation of its civil war. The designation has been extended multiple times by previous administrations, with the most recent extension in 2024, affecting approximately 2,300 Yemenis eligible for re-registration and 1,700 newly eligible individuals. Judge Ho cited similar legal precedents where courts have allowed individuals from other nations to remain in the U.S. under different circumstances.
