A federal judge in Boston temporarily blocked the Trump administration from stripping tens of thousands of asylum seekers and immigrants with Temporary Protected Status of their ability to work, siding with immigrant rights groups and labor unions against USCIS policies designed to implement new immigration restrictions. The order remains in place until the judge decides whether to issue a longer-term pause, with a ruling expected by August 5.
What changed
Trump’s signature tax and spending law, passed by Congress in July 2025, imposed fees to apply for asylum and restricted employment authorization for people with Temporary Protected Status. The judge declined to block USCIS from collecting the fee but said the agency cannot strip people who fail to pay it of work permits or impose other penalties.
The plaintiffs argued the new USCIS policies were invalid because the public never received notice and a chance to comment on them before adoption, as required by the Administrative Procedure Act, and applied the 2025 law’s TPS work authorization provisions retroactively without statutory authorization. The plaintiffs say the policies wrongly cut short the time TPS holders would be authorized to work by retroactively applying the new restrictions to people from El Salvador, Sudan and Ukraine.
Why it matters
If the USCIS policies had taken effect, thousands of TPS holders facing a July 22, 2026 work authorization deadline would have lost their right to work before final judicial review of the policy’s legality. The ruling ensures that thousands of families will not lose their livelihoods while courts consider whether the administration’s policies are legal.
This temporary order is significant for two reasons. First, it keeps work authorization valid during litigation—critical for clients employed in covered occupations. Second, it signals that the court may find merit in Administrative Procedure Act arguments that USCIS failed to provide notice and opportunity for public comment before implementing sweeping restrictions on TPS work authorization and asylum application fees.
The decision also preserves the status quo on fee collection while blocking penalty enforcement—meaning USCIS can attempt to collect the asylum application fee, but cannot revoke work permits for non-payment, at least until August 5.
Way forward
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For TPS holders and their employers: Continue treating EADs as valid through the court’s next ruling. Do not assume July 22 expiration applies; verify current validity with the court’s order and USCIS guidance.
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For practitioners representing TPS holders: Monitor the August 5 deadline for the judge’s decision on a preliminary injunction. Prepare to advise clients on the implications of a longer-term hold, and be ready to argue APA defects in any USCIS fees or work-authorization restrictions affecting your clients.
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For those filing new asylum applications: Confirm current fee requirements and filing procedures on USCIS.gov, as the order does not permanently block fees—only the penalty for non-payment.
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Track developments: Check https://www.uscis.gov for TPS updates and employer guidance; monitor the District of Massachusetts docket for Gorton’s August 5 ruling.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Fola Editorial is a software company, not a law firm. Always consult a licensed immigration attorney before making decisions about TPS work authorization, fee payments, or filing strategy. Immigration policy can change without notice; verify all information against the primary court order and current USCIS guidance linked above before advising clients or taking action.