A Boston federal judge granted a stay barring retroactive application of new time limits on work permits and asylum fees added in a 2025 law until at least Aug. 5, based on the potentially severe consequences faced by plaintiffs. The ruling affects tens of thousands of Temporary Protected Status holders and asylum seekers whose work authorization was set to expire this week.
What changed
The Venezuelan Association of Massachusetts, joined by labor unions and asylum advocacy groups, sued USCIS alleging violation of the Administrative Procedure Act by imposing provisions of H.R. 1 (a Republican tax and spending package from 2025) on asylum seekers and TPS holders with benefit requests pending when the law took effect.
USCIS had capped employment authorization documents at one year for TPS holders, including those previously extended by 540 days based on automatic grace periods that the Trump administration rescinded. The agency also mandated that asylum seekers pay a new $100 annual fee to have claims considered.
TPS holders were set to begin seeing their work permits expire on July 23. The stay means immigrants’ work permits will keep their prior expiration dates, and policies to reject asylum applications, terminate work authorization, and begin removal proceedings over failure to pay the annual asylum fee are stayed.
Notably, the judge ruled the government could continue charging an annual asylum fee, and said it didn’t need to abide by a previous 30-day timeline for processing initial work permit requests for asylum seekers.
Why it matters
The stay prevents immediate work authorization gaps for more than tens of thousands of TPS holders and asylum seekers whose work permits would have expired retroactively. For practitioners:
- Pending TPS renewals and I-765 applications are protected from the one-year cap through at least August 5.
- Asylum fee enforcement is frozen; USCIS cannot deny or terminate benefits solely for non-payment of the $100 annual fee during the stay period.
- Clients with pending I-131/I-765 combinations retain their prior authorization periods rather than facing retroactive shortening.
The judge’s order explicitly reflects concern about the agency’s retroactive application of statutory changes to benefits already in process—a signal that Administrative Procedure Act challenges to rule implementation remain viable. However, the stay is preliminary; the judge will decide by August 5 whether to issue a longer-term pause of the Trump administration’s policy.
Way forward
- Verify client TPS/asylum work permit status now: Check expiration dates in myUSCIS and USCIS case portals. Clients whose permits were scheduled to expire after July 23 should confirm they are not facing premature termination.
- Do not pay asylum fees retroactively for pending or denied applications during the stay. Note the stay in client advisories and hold fee submissions until after August 5 or until further guidance.
- Monitor the August 5 ruling deadline: Judge Gorton’s decision on a longer-term injunction will dictate the next phase of work authorization strategy for these populations.
- Document all client notices and fee payment denials received between the law’s effective date and the stay issuance; these may be relevant to any future class action or individual case arguments.
Disclaimer
This article is for informational purposes and does not constitute legal advice. The contents of this article are based on publicly available information and may not reflect the complete details of the court’s order or subsequent developments. Immigration law and policy can change without notice, and court orders may be appealed, stayed, or reversed. Consult a licensed immigration attorney to discuss how this stay affects your specific situation, verify all current processing timelines with USCIS, and confirm the source materials linked above.