DHS Ends TPS Yemen: Another Termination for Employers to Track

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[co-author: Selene Malench]*

On March 3, 2026, the Department of Homeland Security (DHS) published a notice in the Federal Register confirming the termination of Temporary Protected Status (TPS) for Yemen. The termination will take effect 60 days after publication in May and will affect nearly 1,400 beneficiaries.

Additionally, DHS stated that TPS Yemen beneficiaries will continue to be authorized to work during the 60-day transition period. Accordingly, through the Federal Register notice, DHS extended the validity of certain EADs through May 4, 2026.

The following Employment Authorization Documents (EADs) issued under TPS Yemen now remain valid until May 4, 2026, regardless of their original expiration: March 3, 2023, Sep 3, 2024, and March 3, 2026.

This termination is largely consistent with the administration’s stated approach of returning TPS to its intended temporary and limited purpose.

Congressional Callouts

On March 2, 2026, US Senators Elissa Slotkin and Gary Peters (D-MI) called on DHS to reconsider the termination of TPS for Yemeni beneficiaries. They argued that the change would undermine “community members who contribute positively to local economies and civic life,” and allow them to continue living and working in the US through legal pathways.

The senators’ callout signals a broader push to preserve and expand legal immigration pathways, such as TPS, and reflects pushback against major policy shifts by DHS.

Employer Next Steps

In a rapidly changing compliance environment, it’s important for employers to be aware of next steps as the termination takes effect in early May.

Employers should prepare to:

  1. Review their workforce;
  2. Track upcoming expiration dates on EADs;
  3. Ensure timely Form I-9 updates while avoiding discrimination or improper re-verification processes; and
  4. Continue to monitor updates from DHS and follow our blog for ongoing coverage

*Case Assistant

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Seyfarth Shaw LLP

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