Appeals Court Protects Syrian TPS Holders from Effort to Strip Legal Status
Court Upheld Order Delaying TPS Termination While Case Moves Forward
(New York, NY) – Yesterday, the Second Circuit Court of Appeals upheld a District Court order that delays the Trump Administration’s termination of Temporary Protected Status (TPS) for Syria while the legal case moves forward. The Trump administration attempted to terminate TPS for Syria on November 21, which would have stripped more than 6,100 people of their legal status, work authorization, and potentially forced them to return to danger in Syria, while also rendering more than 800 people with pending TPS applications vulnerable to deportation. The International Refugee Assistance Project (IRAP), Muslim Advocates, and Van Der Hout LLP sued the Trump administration for unlawfully terminating TPS on behalf of a putative class of Syrian TPS holders and applicants who have lived in the United States for years.
In addition to terminating TPS for Syria, in December the U.S. government added Syria to its expanded travel ban and paused decisions on all pending immigration applications for Syrians, preventing Syrian TPS holders from being able to seek other immigration status or benefits.
“The courts yet again recognized the immediate danger facing thousands of Syrian immigrants if the Trump administration’s racist and unlawful attempt to terminate TPS for Syria is allowed to go into effect,” said Lupe Aguirre, Senior Litigation Attorney at IRAP. “The court order protecting thousands of Syrian community members from an immediate and catastrophic loss of legal status remains in effect and we will continue to fight this illegal termination in court along with the Trump administration’s other biased and illegal actions.”
“The decision to uphold the postponement of the termination date is a critical win for the Syrian community, whose lives are not game pieces for the Trump administration to play with,” said Nargis Aslami, Legal Fellow at Muslim Advocates. “The court sends a strong message: the systematic gutting of TPS across the board is unlawful and a product of politics, rather than compliance with the procedural mandates of the TPS statute. We will continue to fight for the dignity and protection of Syrians and all TPS holders targeted by the administration's racist and anti-immigrant agenda.”
“Once again another Federal Court has had to step in to do its part to stop an administration that has run amok,” said Marc Van Der Hout, Founding Partner at Van Der Hout LLP. “Trump and Stephen Miller have not hidden their goal to ‘Make America White Again’ and their terminations of TPS for the citizens of the many countries where they have done this is part of that campaign. We are thankful that courts across the country have stepped in to stop these unlawful terminations which would tear families apart and destroy the lives of thousands upon thousands of deserving people who have rightly been given lawful protection in the U.S. by both Republican and Democratic administrations alike until now.”
“We welcome the court’s decision to uphold the emergency postponement of the termination of TPS for Syria,” said Farrah AlKhorfan, co-founder of Immigrants Act Now. “This decision recognizes the profound consequences of taking away protection that allows Syrians to live, work, and contribute lawfully in the United States while the case proceeds.”
Resources
Federal Court Orders Trump Administration to Delay Termination of TPS for Syria
Order Protects Thousands of U.S. Residents from Trump Admin Effort to Strip Legal Status
(New York, NY) – Today, a federal court ordered the Trump administration to delay its termination of Temporary Protected Status (TPS) for Syria while the legal case challenging the decision moves forward. The judge issued a verbal order, and a written version is forthcoming. Last month, the International Refugee Assistance Project (IRAP), Muslim Advocates, and Van Der Hout LLP sued the Trump administration for unlawfully terminating TPS on behalf of a class of Syrian TPS holders and applicants who have lived in the United States for years.
Without today’s court intervention, this Friday, November 21, more than 6,100 Syrians would have lost their legal status and work authorization and potentially been forced to return to Syria – a country still reeling from nearly 14 years of civil war and ongoing armed conflict.
“We welcome the court’s decision to grant the emergency postponement,” said Farrah AlKhorfan, co-founder of Immigrants Act Now. “This relief allows Syrian TPS holders to remain here legally, keep working, and maintain the stability they have built. It also recognizes the harm they would face if forced to return to Syria prematurely. Today’s decision gives Syrian families a chance to continue their lives safely while the case moves forward.”
“The court recognized the immense harm Syrian TPS holders would suffer if the government’s plan to illegally terminate their status was allowed to take effect this week,” said Lupe Aguirre, Senior Litigation Attorney at IRAP. “Thousands of people who have built their lives here–students, elderly people, parents, doctors, teachers, and other professionals–would have lost their ability to live and work with authorization in the United States in just two days. This would have had devastating repercussions on their lives, the lives of their loved ones, and on their communities. The administration’s ongoing war on TPS is rooted in bias, not facts, and we will continue to fight this unlawful termination in court.”
“With little to no notice, this administration has played with human lives in its attempts to unlawfully terminate TPS for Syrian nationals who have been living in fear of being forcibly deported to a dire humanitarian crisis in a matter of days,” said Sadaf Hasan, Staff Attorney at Muslim Advocates.“Today’s ruling is a win against the government’s broader racist and anti-immigrant agenda to eliminate access o TPS for countless other non-white immigrant communities who are part of this country’s fabric. While the halt provides impacted TPS holders a brief exhale, our work continues to ensure their rights and the rule of law are upheld.”
“Today’s order halts the plainly unlawful decision to terminate Syria’s TPS designation and aligns with a chorus of other courts that have similarly refused to be complicit in the administration’s efforts to make America white again,” said Johnny Sinodis, Partner at Van Der Hout LLP. “Congress delineated a very clear procedure that DHS must follow when evaluating whether to extend or end TPS for any country, and this Court has reminded the administration of its obligation to follow the law.”
Read the motion for emergency relief: HERE
Read the press release announcing the lawsuit: HERE
Learn more about the case: HERE
Dahlia Doe v. Noem: Challenging the government’s termination of TPS for Syrians
On September 21, 2025, Secretary of Homeland Security Kristi Noem published a notice of the termination of Syria’s Temporary Protected Status (TPS) designation and related benefits. The notice terminated TPS for more than 6000 Syrians effective November 21, 2025, only 60 days later. TPS protects certain individuals from removal to countries designated unsafe on account of dire country conditions like armed conflict, natural disaster, or other extraordinary circumstances, and Syria has had this designation since March 2012.
On October 21, 2025 International Refugee Assistance Project (IRAP), Muslim Advocates, and Van Der Hout LLP filed a class action lawsuit representing a group of individual plaintiffs, suing on behalf of themselves and similarly situated Syrian TPS recipients, seeking to have the termination declared illegal, and to restore vital benefits.
The Litigation Team
International Refugee Assistance Project (IRAP), Muslim Advocates and Van Der Hout LLP are co-counsel in this case.
The Plaintiffs
The plaintiffs include seven Syrian citizens with TPS who are directly impacted by the termination. Individual plaintiffs sought safety from Syria’s brutal civil war and have planted roots in the United States, with extensive family, professional, and educational networks. Many of the plaintiffs have been able to live safely in the United States for years only because of their TPS status; if they lose their current or pending TPS status on November 21, they will not have the time or opportunity to apply for asylum and other lawful statuses. In addition to immediately losing work authorization and the ability to support themselves and their families, they risking deportation to a country still experiencing intense armed conflict as well as dire humanitarian conditions.
The Impact
This lawsuit challenges the Trump Administration’s abrupt and unlawful termination of TPS for Syrian nationals. Over 6,100 Syrian nationals currently have TPS and, as a result, find refuge in the United States; and over 800 Syrian nationals have pending applications hoping for that same protection.
Case Status
November 19, 2025: Federal Court orders Trump Administration to delay the termination for TPS for Syria.
November 17, 2025: Counsel for Plaintiff’s and the government defendants represented by attorneys from the U.S. Department of Justice appeared in front of Judge Failla in the United States District Court for the Southern District of New York for an in-person, public hearing for oral argument on the plaintiffs' emergency request for immediate postponement of the November 21 termination of TPS for Syria.
November 6, 2025: Counsel for Plaintiff’s filed a reply to the Defendant’s opposition to the Motion for Postponement of Agency Action.
October 31, 2025: Defendants filed their opposition to the Motion for Postponement of Agency Action.
October 21, 2025: Case is filed in United States District Court for the Southern District of New York (“Court” or “District Court”), as well as a Motion for Postponement of Agency Action.
Case Timeline
-
Federal Court orders Trump Administration to delay the termination for TPS for Syria.
-
Counsel for Plaintiff’s and the government defendants represented by attorneys from the U.S. Department of Justice appeared in front of Judge Failla in the United States District Court for the Southern District of New York for an in-person, public hearing for oral argument on the plaintiffs' emergency request for immediate postponement of the November 21 termination of TPS for Syria.
-
Counsel for Plaintiff’s filed a reply to the Defendant’s opposition to the Motion for Postponement of Agency Action.
-
Defendants filed their opposition to the Motion for Postponement of Agency Action.
-
Case is filed in United States District Court for the Southern District of New York (“Court” or “District Court”), as well as a Motion for Postponement of Agency Action.
New Lawsuit Challenges the Trump Administration’s Termination of TPS for Syria
Without Court Intervention, Thousands Could be Forcibly Deported to a Humanitarian Crisis in Syria
Read the complaint: HERE
Press release: HERE
“The decision to end TPS for Syrians comes far too soon, Syria remains deeply unstable, with cities destroyed, infrastructure in ruins, and parts of the country still under armed conflict,” said Farrah AlKhorfan, co-founder of Immigrants Act Now.
“Many Syrians on TPS have U.S. born children, own homes, and run businesses—they have built their lives here. The termination notice was issued less than ten days before TPS for Syria was set to expire, falling short of the 60-day statutory notice period required under federal law. This abrupt timing caused widespread confusion and distress among Syrian TPS holders. At the very least, more time and clarity should have been provided to ensure fairness, compliance, and stability for affected families.”
Immigrants Act Now Appeals for Extensions of Temporary Protected Status for Syrians
Immigrants Act Now expresses deep concern over the Department of Homeland Security’s recent decision to end Temporary Protected Status (TPS) for Syrians, with protections set to expire on November 21, 2025. This decision means thousands of Syrians who have built their lives in the United States will face an impossible choice: depart voluntarily or attempt to secure an alternative immigration pathway within a short window of time. For many, that is neither feasible nor humane.
Voices of the Community
In recent weeks, Immigrants Act Now has heard directly from Syrian TPS holders across the country who are filled with uncertainty about their future. Families with U.S.-born children fear separation, students and healthcare workers worry about losing the opportunity to complete their education or continue serving their communities. Many simply ask how they can make life-changing decisions in just 60 days.
Supporting Syrians During This Time
Immigrants Act Now is working tirelessly to ensure Syrians on TPS are not navigating this crisis alone. We are:
Providing free legal consultations with qualified immigration attorneys to help families understand their options.
Sharing bilingual resource guides to clarify what this policy means and what steps individuals can take.
Hosting community briefings to answer urgent questions in real time.
Coordinating with advocacy partners to call for an extension of TPS for Syrians that reflects America’s humanitarian values and commitment to justice.
Extending TPS for Syria is an Urgent Matter
Despite ongoing recovery efforts, conditions in Syria remain unsafe for return:
Essential infrastructure collapse: millions continue to live without stable access to electricity, clean water, and healthcare.
Humanitarian crisis: massive internal displacement and lack of safe housing make voluntary return impossible in the foreseeable future.
The U.S. government has reaffirmed, through multiple Executive Orders —
13894, 14142, and 14312 — the Continuation of the National Emergency with Respect to the Situation in and in Relation to Syria.These Executive Orders confirm that Syria continues to pose an “unusual and extraordinary threat” to the national security and foreign policy of the United States.
The ongoing national emergency recognizes:
Persistent armed conflict and instability, including threats from ISIS and other armed groups;
Widespread human rights violations and war crimes committed by actors associated with the former Syrian regime; and
The proliferation of narcotics trafficking networks that further destabilize the region.
Given these conditions, terminating TPS for Syrians contradicts the U.S. government’s own assessment that Syria remains unsafe and unstable, and would risk exposing thousands of Syrians in the United States to danger if forced to return.
Our Appeal
We urge the U.S. administration to appeal the grace period for Syrians on TPS of 60 days and extend it beyond Nov 21,2025 to provide a pathway that upholds America’s values of compassion and protection. Such an extension would allow Syrians to remain safe, give families time to make informed decisions, and ensure that no one is forced into premature and unsafe return.
Immigrants Act Now will continue to stand with Syrian TPS holders, amplifying their voices and providing trusted information and resources during this critical time.