Court Pauses Some USCIS Policies on TPS Work Permits and the Asylum Fee
A federal court has paused part of how USCIS is applying H.R. 1 — the Reconciliation Act of 2025, known as the One Big Beautiful Bill Act — to people with Temporary Protected Status (TPS) and pending asylum applications. In an alert dated July 23, 2026, USCIS said it will comply with a July 21, 2026 order from the U.S. District Court for the District of Massachusetts that granted, in part, an emergency motion for an administrative stay of certain USCIS policies. This article explains, in plain language, what the court paused and what it did not pause — based directly on the USCIS alert.
This is general information about a court order and a USCIS announcement, not legal advice. You can read the official alert directly at uscis.gov.
What happened
According to USCIS, on July 21, 2026, the U.S. District Court for the District of Massachusetts issued an order in Venezuelan Association of Massachusetts, et al. v. United States Citizenship and Immigration Services, et al., No. 26-cv-13038-NMG (D. Mass.). The court granted, in part, the plaintiffs' emergency motion for an administrative stay of certain USCIS policies based on H.R. 1, the Reconciliation Act of 2025 (the "One Big Beautiful Bill Act"). The plaintiffs are membership organizations representing people who hold TPS and pending asylum applicants.
USCIS says it will comply with the court's order pending further judicial proceedings.
What the court paused
Per the alert, the order stays the following parts of the July 2025 Federal Register Notice, the March 2026 website update, and the April 2026 Interim Final Rule:
- TPS work-permit expiration dates. The application of H.R. 1 to TPS-based employment authorization document (EAD) expiration deadlines is paused — meaning that any TPS-based EAD that was previously extended keeps its prior expiration date.
- Asylum rejections over the annual fee. The rejection of asylum applications for failure to pay the annual asylum fee (AAF) is paused.
- Ending work authorization over the fee. The termination of work authorization as a result of failing to pay the AAF is paused.
- Removal based only on the fee. The initiation of removal procedures based solely on an alien's failure to pay the AAF is paused.
What the court did NOT pause — you still must pay the asylum fee if billed
USCIS is explicit on one important point: the court's order expressly allows USCIS to continue collecting the annual asylum fee. So anyone to whom USCIS sent or sends a notice about the AAF must pay the fee according to the instructions in that notice.
USCIS also states that all other fees and requirements of H.R. 1 continue in effect. The stay is limited to the specific items above — it is not a broad halt of the law.
Why this matters for you
If you hold TPS and your work permit was previously extended, this order means that extended EAD keeps its prior expiration date for now, rather than being cut short under H.R. 1. If you have a pending asylum case, it means — for now — that your application should not be rejected, your work authorization should not be terminated, and removal should not be started against you solely because of the annual asylum fee. But the fee itself is still owed if USCIS bills you, and everything else in H.R. 1 still applies. Because this is an administrative stay issued while the case continues, the situation can change as the litigation proceeds — USCIS says it will provide updated instructions as further developments occur.
Talk to a lawyer about your TPS or asylum case
Court orders like this are partial, time-sensitive, and can shift as a case moves forward — and the details of your own status (a previously-extended TPS EAD, a pending asylum application, an AAF notice you received) determine exactly how it affects you. Missing a fee you actually owe, or misreading what the stay does and doesn't cover, can have serious consequences. Carlos Maury Law is a national firm of former U.S. Immigration Judges. To talk about your situation, call (213) 769-0050. We speak Spanish.
Frequently Asked Questions
Does this order cancel H.R. 1 (the One Big Beautiful Bill Act)?
No. Per USCIS, the court granted the stay in part and paused only specific items: applying H.R. 1 to TPS-based EAD expiration dates, and rejecting asylum applications, terminating work authorization, or starting removal based solely on the unpaid annual asylum fee. USCIS says all other fees and requirements of H.R. 1 continue in effect.
I have TPS and my work permit was extended — does it still expire early?
According to the alert, no — the stay means any TPS-based EAD that was previously extended keeps its prior expiration date, rather than being shortened under H.R. 1, pending further proceedings.
Do I still have to pay the annual asylum fee?
Yes, if USCIS bills you. USCIS says the court's order expressly allows it to continue collecting the annual asylum fee, so anyone who received (or receives) an AAF notice must pay it according to the instructions in that notice. What the court paused is USCIS rejecting your application, ending your work permit, or starting removal solely because the fee wasn't paid.
Is this permanent?
No. USCIS describes it as an administrative stay pending further judicial proceedings and says it will provide updated instructions as further litigation developments occur. The situation can change as the case continues.
This article is general information only and is not legal advice. Reading it does not create an attorney–client relationship. Immigration law is complex and fact-specific, and court orders and policies change; consult a qualified immigration attorney about your situation and verify current requirements at uscis.gov. Prior results do not guarantee a similar outcome. Attorney advertising.