United States: District Court Issues Emergency Order Related to TPS Employment Authorization and Annual Asylum Fee
July 22, 2026
At a glance
- A federal district court in Massachusetts has issued an emergency order to temporarily prevent the retroactive application of various U.S. government policies affecting Temporary Protected Status (TPS) employment authorization expiration dates, as well as to temporarily halt collection of the annual asylum fee.
- The emergency order will remain in effect until the court can consider the matters on a non-emergency basis and issue a subsequent order, which should be no later than August 5, 2026.
- Because the court order involves complex issues related to employment authorization for many TPS beneficiaries, employers should seek guidance from counsel on how to address TPS employment authorization that is due to expire after today.
The issue
A federal district court in Massachusetts has granted an emergency stay to temporarily prevent the retroactive application of U.S. government policies that affect expiration dates for Temporary Protected Status (TPS) employment authorization, as well as to temporarily halt the collection of an annual asylum fee from asylum applicants. The emergency stay will remain in effect until the court can consider Plaintiffs’ request for a stay of these policies on a non-emergency basis, which the court says it will do by August 5, 2026. The case is Venezuelan Association of Massachusetts v. USCIS, No. 1:26-cv-13038 (D. Mass., filed July 1, 2026; stay granted July 21, 2026).
Employers with foreign national employees whose TPS Employment Authorization Documents (EADs) are set to expire after today should contact counsel for guidance because the practical impact of the order may be complex in many instances.
TPS employment authorization
Employment authorization for many TPS beneficiaries was due to expire today under recent government guidance interpreting various interacting policies and legal authorities, including the H.R.1 legislation passed in July 2025 that limited TPS EADs to one year; various TPS termination actions; and the maximum 540-day EAD auto-extension applicable to EAD renewal applications filed prior to October 30, 2025. Plaintiffs challenged the government’s retroactive interpretation of these policies, and the district court has temporarily ruled in their favor on an emergency basis.
We await guidance from USCIS as to how the agency will treat the emergency court order with respect to the continued employment of impacted TPS EAD holders, including guidance on how to properly conduct Form I-9 employment authorization verification duties.
Earlier this month, USCIS published detailed Form I-9 guidance in its Employer Handbook related to the EAD validity and auto-extension changes implemented over the last year. The agency may issue similar guidance in the wake of this court order.
Asylum fee and employment authorization
The district court’s emergency order temporarily prohibits USCIS from rejecting asylum applications for failure to pay the annual asylum fee created by H.R. 1 and from terminating asylum work authorization as a result of failure to pay the fee. The government is also temporarily prohibited from initiating removal proceedings against those who have failed to pay the annual asylum fee.
What’s next
A further district court order is expected by August 5, after the court considers full arguments on the stay requested by Plaintiffs. USCIS may issue guidance in the coming days or weeks related to its implementation of the court order in effect. Employers and foreign nationals should consult with counsel on time-sensitive employment authorization expirations, monitor new developments and be prepared for changes to the status quo with little or no notice.
This alert is for informational purposes only. If you have questions about this alert, please contact the immigration professional with whom you work at Fragomen.
