Abdo Doe v. Noem

At a Glance

Date Filed: 

March 19, 2026

Current Status 

The federal court blocked the Trump administration from terminating Yemen’s Temporary Protected Status (TPS) on Friday, May 1, 2026 issuing an emergency order to maintain the program’s protections. The order remains in place despite the Supreme Court's opinion reversing a similar decision in Mullin v. Doe, No. 26-1083.

Co-Counsel 

Asian American Legal Defense and Education Fund (AALDEF)

Client(s) 

Abdo DOE, Hadeel DOE, Faiz DOE, Ebe DOE, Sam DOE, Ali DOE, and Fahad DOE as representatives of the class of all Yemeni TPS recipients and applicants

Case Description 

On March 19, 2026, the Center for Constitutional Rights and Asian American Legal Defense and Education Fund (AALDEF) filed a complaint on behalf of seven plaintiffs representing a class of Yemeni nationals challenging the Trump administration’s termination the Temporary Protected Status (TPS) for Yemen. 

TPS allows people from countries experiencing various types of crises, both human made and natural, to live and work in the United States temporarily for as long as it is unsafe to return to their home countries. If the administration succeeds in ending TPS for Yemen as planned on May 4, 2026, thousands of Yemenis in the U.S. will face an impossible choice: abandon everything and search for refuge elsewhere; remain here and risk arrest and deportation; or return to Yemen, a country the State Department considers too dangerous for any American to visit. There is no fourth option. The administration has suspended asylum processing and benefit adjudications for Yemeni nationals. Every door is closing at once.

Outgoing Department of Homeland Security (DHS) Secretary Kristi Noem published notice of her intent to withdraw Yemen’s TPS status in the Federal Register on March 3, with an effective date following just 60 days later: May 5, 2026. DHS first granted TPS status for Yemen in 2015, renewing it periodically since then through multiple administrations. Yemen has experienced a decade of civil war and one of the worst humanitarian crises on earth. The State Department warns that no American should set foot in Yemen for any reason. Yet this administration is trying to strip humanitarian protection from more than 3,200 Yemeni nationals, giving them just sixty days to prepare.

The individual clients (who have sued under assumed names) include an expectant mother whose child has a heart defect that may require surgery and has two small U.S. citizen children; a medical researcher whose dream of becoming a doctor in the U.S. would evaporate if she is sent back to Yemen; an aspiring pilot who is on the verge, after eight years of TPS, of getting his qualification to work as an airline pilot; and a former human rights worker who, if sent back, would be a target of the Iranian-backed Houthi militia because of his previous work to end recruitment of child soldiers in Yemen.

For more information about TPS, see our resource page. This case follows on the Center for Constitutional Rights' work to challenge the U.S. government’s abusive immigration policies, including the discriminatory Muslim Ban under the first Trump administration. See our report, here: Window Dressing the Muslim Ban: Reports of Waivers and Mass Denials from Yemeni-American Families Stuck in Limbo. And for more information about previous work supporting the Yemeni community’s struggle for justice, see also the Yemeni American Justice Initiative (YAJI).



Case Timeline

July 13, 2026
Amended complaint filed
July 13, 2026
Amended complaint filed
The plaintiffs file an amended complaint adding two claims: one, that Congress never moved the power to end TPS designations from the Attorney General to the DHS Secretary, and two, that the Due Process Clause of the Constitution prohibits termination without following processes that were skipped here by Secretary Noem. (This filing was revised the following day.)
June 30, 2026
Briefs on stay and joint status report filed
June 30, 2026
Briefs on stay and joint status report filed
The government asked Judge Ho to stay his own order (that blocked the termination of TPS for Yemen) and the parties submitted a joint status report indicating how they expected the rest of the case to proceed.
June 28, 2026
Government appeals Judge Ho's order
June 28, 2026
Government appeals Judge Ho's order
The government, faced with a 60 day deadline from the date of Judge Ho's order invalidating the TPS termination for Yemen, appealed the order to the Court of Appeals for the Second Circuit. The government did not immediately seek relief from the Circuit, but told Judge Ho it would do so after July 14th if he did not state that he would invalidate his order if jurisdiction over that order was remanded to him from the Court of Appeals.
June 25, 2026
Supreme Court rules against Haitian and Syrian TPS holders
June 25, 2026
Supreme Court rules against Haitian and Syrian TPS holders
The Court reversed the grant of preliminary relief, holding that Congress meant to strip all judicial review over decisions of the Homeland Security Secretary relating to TPS extensions.
June 5, 2026
Government files opposition to class certification
June 5, 2026
Government files opposition to class certification
Government files opposition to class certification
May 1, 2026
Court grants plaintiffs' emergency motion to block the government from terminating Yemen's Temporary Protected Status (TPS)
May 1, 2026
Court grants plaintiffs' emergency motion to block the government from terminating Yemen's Temporary Protected Status (TPS)
April 20, 2026
Government opposition to Plaintiffs’ motion to compel removal of redactions to CAR and discovery
April 20, 2026
Government opposition to Plaintiffs’ motion to compel removal of redactions to CAR and discovery
April 20, 2026
Plaintiffs' post-argument letter
April 20, 2026
Plaintiffs' post-argument letter
April 16, 2026
April 16, 2026, Transcript of Argument
April 16, 2026
April 16, 2026, Transcript of Argument
April 16, 2026
Plaintiffs' letter motion to compel removal of redactions to administrative record, and discovery with exhibits.
April 16, 2026
Plaintiffs' letter motion to compel removal of redactions to administrative record, and discovery with exhibits.
April 15, 2026
Plaintiffs' reply in support of motion to postpone effective date of agency action
April 15, 2026
Plaintiffs' reply in support of motion to postpone effective date of agency action
April 13, 2026
We file amicus brief in Supreme Court on behalf of Haitian Bridge Alliance, National TPS Alliance, and Communities United for Status and Protection in Mullin v. Doe, the government's attempt to deny any judicial review of unlawful TPS revocations across the board
April 13, 2026
We file amicus brief in Supreme Court on behalf of Haitian Bridge Alliance, National TPS Alliance, and Communities United for Status and Protection in Mullin v. Doe, the government's attempt to deny any judicial review of unlawful TPS revocations across the board
April 6, 2026
Government opposition brief
March 19, 2026
Yemen TPS complaint filed
March 19, 2026
Yemen TPS complaint filed