Judge halts Trump plan to end protections for Yemeni refugees days before deadline
Photographer: Alex Brandon/AP Photo/Bloomberg via Getty Images
A federal judge on Friday barred the Trump administration from requiring roughly 3,000 Yemeni refugees to leave the United States, ruling that their Temporary Protected Status—previously extended multiple times and set to expire Monday—should be prolonged once more.
Judge Dale E. Ho in Manhattan extended the status temporarily while a lawsuit seeking to preserve the protections plays out. In an emergency order, he wrote that people granted the status are ordinary, law-abiding people who the U.S. government had determined could face threats to their safety if they were returned to a country facing an ongoing armed conflict.
The backstory:
Amid its immigration crackdown, the Trump administration has terminated Temporary Protected Status for people from nine countries, including Haiti, Venezuela and Ethiopia. Before Ho’s ruling, protections for Yemeni refugees were set to end on Monday, according to U.S. Citizenship and Immigration Services.
People with Temporary Protected Status are eligible to remain in the U.S., may not be removed from the country, and are able to receive work and travel authorization.
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What they're saying:
In his ruling, Ho criticized former Homeland Security Secretary Kristi Noem, saying Congress had established a process for Temporary Protected Status to be altered or rescinded, but she had not followed it.
He was particularly critical of a social media message she sent out in early December in which she said she had just met with President Donald Trump and was recommending a full travel ban "on every damn country that's been flooding our nation with killers, leeches, and entitlement junkies."
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On Feb. 13, he noted, Noem announced in a news release that Temporary Protected Status would be terminated for Yemen, finding that letting them stay in the U.S. was "contrary to our national interest."
"TPS holders from Yemen are not ‘killers, leeches, and entitlement junkies,’ " Ho wrote at the start of his conclusion in his 36-page decision.
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He noted that among 2,810 Yemenis who hold TPS status and another 425 who have applied were a pregnant 33-year-old Detroit woman due to give birth this month whose unborn child has a congenital heart condition that is not treatable in Yemen and a 50-year-old former human rights worker in Brooklyn who is a target of Houthi-aligned militias in Yemen.
"Temporary means temporary and the final word will not be from activist judges legislating from the bench," the U.S. Department of Homeland Security said in a statement.
"Allowing TPS Yemen beneficiaries to remain temporarily in the United States is contrary to our national interest," the department’s statement said, emphasizing that the Trump administration is "returning TPS to its original temporary intent."
Dig deeper:
Noem announced her decision to end Temporary Protected Status for Yemen in February. The Department of Homeland Security on Friday said she had reviewed conditions in the country and consulted with government agencies before determining that Yemen no longer met the legal requirements for temporary status.
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Yemen was initially designated for Temporary Protected Status in 2015, about a year after the country’s civil war began.
As the war persisted, the Obama and Biden administrations extended the designation multiple times, most recently in 2024, when officials estimated that 2,300 Yemenis were eligible to reregister for protected status and that 1,700 Yemenis were newly eligible.
Ho cited other instances in which courts have recently permitted those who have fled other countries under various circumstances to stay in the U.S.
The Source: The Associated Press contributed to this report. The information in this story comes from a combination of primary and official sources, including a 36-page federal court ruling and emergency order issued by U.S. District Judge Dale E. Ho, as well as statements from the Department of Homeland Security. This story was reported from Los Angeles.