Judge Temporarily Pauses USCIS Work-Permit Restrictions for Asylum Seekers and TPS Holders

A federal judge has temporarily paused several U.S. immigration policies that could have caused some asylum seekers and Temporary Protected Status holders to lose work authorization or face other penalties.

Senior U.S. District Judge Nathaniel Gorton of the U.S. District Court for the District of Massachusetts issued the administrative stay on July 21, 2026, in Venezuelan Association of Massachusetts v. USCIS. The order came one day before some of the challenged changes were scheduled to take effect.

What the court temporarily paused

The stay covers four specific actions connected to USCIS policies involving new immigration fees and TPS employment restrictions:

Retroactively shortening the expiration dates of certain TPS-based employment authorization documents.
Rejecting asylum applications because an applicant failed to pay the annual asylum fee.
Terminating work authorization for nonpayment of that fee.
Starting removal proceedings tied to nonpayment of the annual asylum fee.

The stay is temporary. It does not decide whether the challenged USCIS policies are lawful, and it does not resolve the broader lawsuit brought by immigrant-rights organizations and labor unions.

What remains in place

USCIS may continue collecting the annual asylum fee while the court considers longer-term relief. USCIS guidance identifies the fee as $100 for each calendar year that a qualifying asylum application remains pending, with payment instructions delivered through individualized notices.

The order also does not require USCIS to restore every prior work-permit processing rule. In particular, it does not return the agency to the previous 30-day timeline for initial asylum-based work-permit applications.

That distinction matters because the order does not extend or renew every immigration work permit. Its immediate protection is limited to the challenged retroactive TPS expiration rules and the specified penalties tied to annual-fee nonpayment.

Why the ruling has national impact

The case was filed in Massachusetts, but USCIS policies apply across the United States. The dispute therefore affects asylum applicants, TPS holders, families, employers and immigration-service providers beyond the state.

TPS allows eligible nationals of countries facing war, disaster or other extraordinary conditions to remain and work in the United States temporarily. Reuters reported that the challenged retroactive work-authorization rules could have affected TPS holders from El Salvador, Sudan and Ukraine as the new policy took effect.

What happens next

The court scheduled a hearing for July 30, 2026, on the plaintiffs’ request for further stay-related relief. Judge Gorton’s further order is due no later than August 5, 2026.

Until then, applicants and workers should rely on current USCIS notices rather than assume that every permit has been extended or that the fee has been eliminated. Employers reviewing work authorization should also track the court docket and obtain qualified immigration guidance before changing an employee’s status based solely on the challenged rules.

Sources

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