Politics July 21, 2026 01:16 PM

Federal Judge Temporarily Prevents Trump Administration Rule That Would Remove Work Authorization from Asylum Seekers and TPS Recipients

Boston court halts parts of U.S. Citizenship and Immigration Services policies while legal challenge proceeds, with a longer pause decision due by August 5

By Leila Farooq
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A U.S. district judge in Boston issued a temporary order blocking the Trump administration from implementing policies that would remove work permits from tens of thousands of asylum applicants and holders of Temporary Protected Status (TPS). The decision responds to a lawsuit by immigrant rights groups and unions challenging U.S. Citizenship and Immigration Services (USCIS) actions to carry out provisions of a 2025 tax and spending law that imposed asylum fees and narrowed work authorization for TPS holders. The court allowed fee collection to continue but barred penalties, including revocation of work permits, for those who do not pay.

Federal Judge Temporarily Prevents Trump Administration Rule That Would Remove Work Authorization from Asylum Seekers and TPS Recipients
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Key Points

  • A federal judge in Boston temporarily blocked USCIS policies that would remove work authorization from tens of thousands of asylum applicants and TPS recipients; a decision on a longer pause is due by August 5.
  • The legal challenge asserts USCIS implemented provisions of a July 2025 law without the notice-and-comment procedures required by the Administrative Procedure Act and retroactively applied limits on TPS work authorization for nationals of El Salvador, Sudan and Ukraine.
  • The article does not specify particular economic sectors or market segments affected by the injunction; it reports on legal and administrative outcomes and notes TPS allows recipients to live and work in the U.S. while return to their home countries is unsafe.

Overview

A federal judge in Boston on Tuesday issued a temporary injunction preventing the Trump administration from carrying out policies that would strip work authorization from many asylum applicants and individuals with Temporary Protected Status, or TPS. U.S. District Judge Nathaniel Gorton granted the short-term order in response to a lawsuit brought by a coalition of immigrant rights organizations and labor unions challenging new implementation steps by U.S. Citizenship and Immigration Services, or USCIS.


Court order and timeline

Judge Gorton said the temporary block will remain effective while he considers whether to convert it into a longer-term pause on the administration's actions. He set a deadline of August 5 to rule on whether to extend the injunction beyond the temporary measure issued on Tuesday. The court's order prohibits USCIS from taking steps that would strip work permits or impose other penalties on people who fail to pay a newly imposed fee, although Gorton did not prohibit the agency from collecting the fee itself at this time.


Legal challenge and plaintiffs' claims

The litigation was filed by a group led by the liberal legal organization Democracy Forward, alongside labor unions and other immigrant advocates. The plaintiffs contend that USCIS improperly implemented provisions of a law enacted in July 2025 by the Republican-led Congress. That law for the first time attached fees to asylum applications and changed rules governing work authorization for individuals holding TPS.

Central to the plaintiffs' challenge is the claim that USCIS adopted new policies without providing the public notice and opportunity to comment required by the Administrative Procedure Act. The complaint also argues that the agency effectively applied the 2025 law's limits on TPS work authorization retroactively, shortening the timeframe some TPS holders would remain authorized to work by imposing the new restrictions on people from El Salvador, Sudan and Ukraine.


TPS context provided in the lawsuit

The article of the complaint cited in court explains the role of Temporary Protected Status: it is a designation that allows individuals from countries afflicted by war, natural disasters or other severe catastrophes to live and work in the United States while it remains unsafe for them to return to their home countries. The plaintiffs highlighted policies that, if allowed to take effect as written by the agency, would result in thousands of TPS holders from El Salvador, Sudan and Ukraine losing their work authorization beginning on Wednesday.

The administration has been seeking to end TPS for people from more than a dozen countries as part of its broader immigration agenda. The U.S. Supreme Court last month permitted the administration to terminate TPS for thousands of Haitian and Syrian nationals in a separate matter, the article notes. Despite moves to end TPS for some countries, the administration extended TPS for people from El Salvador, Sudan and Ukraine earlier in the year; TPS authorization in those instances remains valid through specific dates: El Salvador through September 9, and Sudan and Ukraine through October 19.


Statements and reactions

Skye Perryman, president and CEO of Democracy Forward, said in a statement that Judge Gorton’s ruling prevents thousands of families from losing their livelihoods while the courts deliberate on the legality of the administration’s policies.


Venue and judge

The case was filed in Boston, a jurisdiction frequently used by plaintiffs challenging aspects of the current administration's agenda. The matter was assigned to Judge Gorton, who is one of the relatively few judges on the court who was not appointed by a Democratic president; Gorton was appointed by Republican President George H.W. Bush.


Current status and next steps

At present, USCIS may continue to collect the new asylum application fee established by the 2025 law, but the agency is barred from revoking work authorizations or imposing other penalties on those who fail to pay. Judge Gorton will decide whether to make the injunction longer-lasting by August 5, at which point the legal posture could change depending on the court’s determination.

The litigation and the court’s interim ruling leave in place several open questions that will be resolved through further court proceedings, including whether USCIS properly followed formal rulemaking processes and whether the agency may lawfully apply the 2025 law’s changes to TPS work authorization retroactively.

Risks

  • Legal uncertainty - The injunction is temporary and the court will decide by August 5 whether to extend the pause, leaving outcomes uncertain for TPS holders and asylum applicants.
  • Potential loss of work authorization - If the administration's policies are ultimately upheld, the plaintiffs argue thousands of TPS holders from El Salvador, Sudan and Ukraine could lose the ability to work when the new restrictions are applied.
  • Procedural and administrative risk - The plaintiffs contend USCIS failed to provide required notice-and-comment rulemaking under the Administrative Procedure Act, a procedural defect that could affect the legitimacy of the agency’s policies.

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