Federal judge temporarily blocks Trump administration from revoking work permits for asylum seekers and TPS holders

Jul 21, 2026

On July 21, 2026, Boston U.S. District Judge Nathaniel Gorton temporarily blocked Trump administration policies that threatened to strip work permits from tens of thousands of asylum seekers and TPS holders. The policies stem from a July 2025 Republican-backed law imposing a $100 annual asylum fee and restricting TPS work terms. While Gorton allowed the fee collection to continue, he barred the government from revoking permits for non-payment or retroactively cutting TPS terms short.

Federal work permit injunction

▪Judge Nathaniel Gorton's stay remains in effect until at least August 5, 2026, by which date the judge indicated he would rule on a longer-term pause.
▪U.S. District Judge Nathaniel Gorton issued a temporary stay on July 21, 2026, blocking Trump administration policies that would revoke work permits for asylum seekers and Temporary Protected Status holders.

Congressional asylum fee legislation

▪The 2025 law mandated that asylum seekers pay a new $100 annual fee to have their claims considered by U.S. Citizenship and Immigration Services.
▪A Republican-led Congress passed a sweeping tax and spending package, H.R. 1, in July 2025 that for the first time imposed fees to apply for asylum.
▪Judge Nathaniel Gorton declined to block U.S. Citizenship and Immigration Services from collecting the annual asylum fee, but barred the agency from stripping work permits or imposing penalties for non-payment.

TPS employment authorization restrictions

▪U.S. Citizenship and Immigration Services regulations capped the duration of employment authorization documents at one year for Temporary Protected Status holders.
▪The Trump administration's policies retroactively applied new Temporary Protected Status work authorization restrictions to individuals from El Salvador, Sudan, and Ukraine.
▪Temporary Protected Status remains valid for El Salvador through September 9, 2026, and for Sudan and Ukraine through October 19, 2026.

Administrative Procedure Act violations

▪Plaintiffs argued the new policies were invalid because the public never received notice and an opportunity to comment before adoption, as required by the Administrative Procedure Act.
▪The Venezuelan Association of Massachusetts and other immigrant groups filed a lawsuit arguing that U.S. Citizenship and Immigration Services violated the Administrative Procedure Act.

Boston federal court venue

▪The lawsuit challenging the U.S. Citizenship and Immigration Services policies was filed in the U.S. District Court for the District of Massachusetts in Boston.
▪Judge Nathaniel Gorton, who presided over the case in Boston, is an appointee of Republican President George H.W. Bush.