Doe v. Noem (TPS Yemen 2026)
Case Overview
Yemeni nationals and TPS holders sued the Department of Homeland Security, challenging Secretary Noem's cancellation of temporary protected status for Yemen.
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The Facts
The Department of Homeland Security under Secretary Noem terminated humanitarian parole status for a class of immigrants who had been lawfully admitted under Biden-era parole programs. Plaintiffs sued in federal district court arguing the terminations violated due process and the Administrative Procedure Act, and seeking preliminary injunctions to halt removals.
The Issue
Whether DHS's mass termination of humanitarian parole status violates the APA and due process
Whether plaintiffs are entitled to individualized proceedings before revocation of parole
The Rules
Administrative Procedure Act § 706 - arbitrary and capricious review
Fifth Amendment due process - notice and opportunity to be heard
8 U.S.C. § 1182(d)(5) - parole authority and termination procedures
The Conclusion
Active litigation. Courts have issued preliminary injunctions in related parole-termination cases. Outcome will shape DHS's authority to mass-revoke humanitarian parole without individualized review.
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