A federal judge in Massachusetts has split the difference in one of the most consequential immigration cases of the summer, and the result is bad news for Temporary Protected Status holders and a reprieve for asylum applicants.
On August 5, 2026, U.S. District Judge Nathaniel Gorton declined to block USCIS from capping TPS-based work permits at one year, while continuing to block the agency from rejecting asylum applications over unpaid annual asylum fees. The ruling narrows an earlier order the same court issued on July 21.
The TPS work permit ruling
The plaintiffs, organizations representing TPS beneficiaries and pending asylum applicants, argued that USCIS unlawfully shortened work authorization extensions that had already been issued and improperly applied the new policy to people who already held TPS.
Judge Gorton found the plaintiffs unlikely to succeed on those claims, concluding that USCIS was carrying out requirements Congress enacted through H.R. 1, the One Big Beautiful Bill Act.
The practical consequences, according to analysis from Erickson Immigration Group, are direct: USCIS may continue limiting TPS-based Employment Authorization Documents to one year, and previously issued automatic TPS EAD extensions may be shortened to match the statute. TPS beneficiaries from countries including El Salvador, Ukraine, and Sudan could see work authorization expire earlier than they had planned.
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The asylum fee ruling
The court reached the opposite conclusion on the Annual Asylum Fee.
Judge Gorton found the plaintiffs likely to succeed in challenging portions of an April 2026 interim final rule that would reject asylum applications for nonpayment and impose other adverse consequences, including removal-related actions tied solely to nonpayment.
The court reasoned that those measures affect substantive rights and therefore likely required notice-and-comment rulemaking before USCIS could implement them. It issued a stay blocking enforcement of those provisions while the case proceeds.
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One point of clarity that matters: USCIS may still collect the annual asylum fee. What the agency currently cannot do is reject your application or start removal proceedings because you did not pay it.
Who is affected
TPS holders are the group facing immediate disruption. If you received an automatic extension notice with a longer validity period, that date may no longer hold.
Pending asylum applicants get breathing room, but not forgiveness. The fee obligation still exists, and the stay is temporary relief in ongoing litigation, not a final ruling.
Employers of TPS workers are affected too. Shortened EAD validity dates create I-9 reverification obligations that arrive sooner than HR systems may have calendared.
What this means for you
If you hold TPS, check your EAD expiration date against USCIS’s current guidance rather than relying on an older extension notice. Verify your status in your USCIS online account and file any renewal as early as the agency permits.
If you have a pending asylum application, keep paying the annual fee if you can and keep proof of payment. Do not treat the stay as permission to stop paying. If you cannot pay, document that and consult counsel about your options.
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If you employ TPS holders, audit your I-9 reverification dates now.
This article is for general information only and is not legal advice.
What comes next
The litigation is ongoing and additional rulings are expected. Both sides have appeal options, and the stay on the asylum fee penalties could be modified as the case develops.
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