The Legal Violation
Judge Ho ruled that the Department of Homeland Security acted unlawfully by terminating TPS for Yemen in clear disregard of procedural requirements established by Congress. The judge found that the review process was short-circuited, violating the TPS statute and the Administrative Procedure Act. Former DHS Secretary Kristi Noem failed to adhere to the mandatory review process that Congress established before deciding to end the program.
Yemen's Qualifying Conditions
Yemen was first designated for TPS in 2015 during the Obama administration based on determination of ongoing armed conflict making the country unsafe for nationals to return. The designation was renewed multiple times, including during the first Trump administration. The most recent redesignation in 2024 cited ongoing civil war and humanitarian crises. The State Department maintains a Level 4 travel advisory for Yemen warning against travel due to terrorism, unrest, crime, health risks, kidnapping and landmines.
The Trump Administration's Actions
In February 2026, Kristi Noem announced that TPS for Yemen would be terminated, saying the country no longer met the law's requirements despite persistent concerns over conflict and humanitarian conditions. A federal notice published in March stated that while Yemen still experiences extraordinary temporary conditions, ending TPS was required because it was contrary to the national interest. The program was set to end May 4, giving Yemeni immigrants 60 days to leave or face arrest and deportation.
Judge's Defense of TPS Holders
Judge Ho emphasized that TPS holders from Yemen are ordinary, law-abiding people granted status because the government repeatedly determined that Yemen faces armed conflict and requiring their return would pose serious safety threats. He noted that while TPS designations are subject to periodic review and can be changed, Congress established a specific statutory process for such review that the Secretary failed to follow.
Broader Context
Yemen is one of 13 countries for which the Trump administration has revoked TPS. The Supreme Court is currently considering the administration's effort to roll back protections for Syria and Haiti, with a decision expected by end of June or early July. TPS was enacted by Congress in 1990 to provide temporary relief to foreign nationals from countries facing war, natural disasters or other extraordinary conditions, with protections limited to 18 months but renewable. 
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