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A federal judge on Friday blocked the Trump administration from forcing about 3,000 Yemeni refugees to leave the US, ruling that temporary protected status repeatedly granted to them and due to expire Monday should be extended again.
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 whom the US government had determined could face threats to their safety if they were returned to a country facing an ongoing armed conflict.
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 US Citizenship and Immigration Services.
People with temporary protected status are eligible to remain in the US, may not be removed from the country and are able to receive work and travel authorization.
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secretary Kristi Noem, saying Congress had established a process for temporary protected status to be altered or rescinded, but she had not followed it.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 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”.
On 13 February, he noted, Noem announced in a news release that temporary protected status would be terminated for people from Yemen, finding that letting them stay in the US 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.
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 US Department of Homeland Security said in a statement.
Razeen Zaman, director of immigrant rights at the Asian American Legal Defense and Education Fund, applauded Ho’s ruling, saying that “the court has made clear that humanitarian statutes like TPS cannot be used as a deportation pipeline”.
Zaman said in a release that Homeland Security had determined that it was unsafe for Yemeni refugees to return to their country “but terminated their protection anyway”.
Zaman added that Ho’s ruling “affirms that protection must be based on facts and conditions on the ground, not on the political appetite to end it”.
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.
The Asian American Legal Defense and Education Fund included comments from several lawsuit plaintiffs in its press release heralding Ho’s ruling.
One plaintiff identified by a pseudonym to protect his safety wrote that the people fighting to preserve protections for Yemenis were “doctors, engineers, and pilots like myself, and also drivers, deli workers, and countless other people who contribute meaningfully every day, supporting not just our own families but the broader fabric of society”.
He added that their presence “represents resilience, skill, and dedication – values that strengthen the nation as a whole”.
A woman also identified by a pseudonym called Ho’s decision “a lifeline for my family”. She added: “It is the moment we finally breathed a sigh of relief after months of existential anxiety.”
