United States | Federal court temporarily blocks USCIS from implementing certain TPS and asylum fee policies

A federal district court order has temporarily blocked U.S. Citizenship and Immigration Services from implementing portions of USCIS policies affecting certain TPS holders and asylum applicants while it considers a broader challenge to the measures. The order preserves work authorization for affected TPS beneficiaries and temporarily bars USCIS from penalizing asylum applicants who do not pay the annual asylum application fee.

Key takeaways:

Emergency stay granted on July 21, 2026. In Venezuelan Association of Massachusetts v. United States Citizenship and Immigration Services, a federal district court in Massachusetts granted an emergency stay on July 21, 2026, effectively pausing implementation of “limited policies resulting in 1) the expiration of work authorization for TPS holders and 2) the imposition of penalties for failure to pay the AAF [asylum application fee].”

Limited USCIS policy block effective until final ruling. The stay will remain in effect until the court rules on the plaintiffs’ pending motion for a stay of agency action, which the court indicated it will do no later than Aug. 5, 2026.

Specific portions of the USCIS policies temporarily blocked. The court order temporarily blocks implementing the following portions of the USCIS policies:

1. Retroactive application of Employment Authorization Document (EAD) expiration deadlines for previously extended TPS-related EADs.
2. Rejection of asylum applications for failure to pay the annual asylum application fee.
3. Termination of work authorization based on failure to pay the annual asylum application fee.
4. Initiation of removal proceedings based on failure to pay the annual asylum application fee.

AAF fee collection is uninterrupted. The court allows USCIS to continue collecting asylum application fees.

30-day deadline to review EADs does not apply. The ruling also states that USCIS “need not abide by the previous 30-day deadline to review asylum applicants’ initial employment authorization applications.”

Additional information: Employment authorization for TPS beneficiaries from El Salvador, Sudan and Ukraine was scheduled to end on July 22, 2026, unless individuals had received newly issued EADs. Individuals who filed TPS-based EAD renewal applications before July 4, 2025, are not currently subject to the July 22, 2026, termination while the court order remains in effect.

BAL will continue to monitor related developments and provide updates.

This alert has been provided by the BAL U.S. Practice Group.

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