Politics July 21, 2026 02:49 PM

Federal Judge Halts New Work-Authorization Restrictions for Asylum Seekers and TPS Holders

Temporary injunction pauses implementation of rules that would remove employment rights for tens of thousands while a longer-term decision is pending

By Jordan Park
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A U.S. district judge in Boston issued a temporary restraining order blocking the Department of Homeland Security from removing work authorization for tens of thousands of asylum seekers and immigrants holding Temporary Protected Status (TPS). The order, issued after immigrant rights organizations and labor unions challenged new restrictions implemented by U.S. Citizenship and Immigration Services, will remain in place until the judge rules on a broader injunction by August 5. The contested policy changes stem from a tax and spending law enacted in July 2025 that introduced asylum application fees and narrowed work authorization for TPS beneficiaries. USCIS has not publicly responded to the ruling.

Federal Judge Halts New Work-Authorization Restrictions for Asylum Seekers and TPS Holders
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Key Points

  • A federal judge in Boston temporarily enjoined a policy that would remove work authorization from tens of thousands of asylum seekers and TPS holders.
  • The lawsuit was filed by immigrant rights groups and labor unions challenging USCIS implementation of restrictions tied to a July 2025 tax and spending law.
  • The temporary order remains in effect until the judge issues a decision on a longer-term injunction by August 5, and USCIS has not commented publicly.

A federal judge in Boston on Tuesday temporarily halted the implementation of a policy that would have stripped work authorization from tens of thousands of asylum applicants and immigrants holding Temporary Protected Status (TPS).

U.S. District Judge Nathaniel Gorton issued the short-term order after immigrant advocacy organizations and labor unions sued U.S. Citizenship and Immigration Services (USCIS) to prevent the agency from putting into effect new immigration restrictions enacted by Congress last year. The plaintiffs asked the court to block the agency from enforcing the changes while litigation proceeds.

The temporary injunction will remain effective until Judge Gorton reaches a decision on whether to impose a longer-term block. The judge said he will rule on that more permanent injunction by August 5. USCIS has not issued a comment on the court's order.


Key elements of the legislation at issue were included in a tax and spending law signed in July 2025. That statute introduced application fees for asylum petitions for the first time and curtailed the ability of individuals with Temporary Protected Status to obtain work authorization.

Temporary Protected Status is a humanitarian designation that permits nationals of countries experiencing armed conflict, natural disasters, or other extraordinary conditions to remain and work in the United States when returning home would be unsafe. The administration has moved to terminate TPS designations for people from more than a dozen countries as part of broader immigration policy changes.

In June, the U.S. Supreme Court allowed the administration to terminate TPS for thousands of Haitian and Syrian nationals. The recent district court action in Boston challenges the latest set of administrative changes tied to the July 2025 law.

The litigation was brought by immigrant rights groups and labor unions that argued the agency's new rules would unlawfully remove employment authorization from affected individuals. The temporary order restores the status quo for those with asylum claims and TPS while the court considers whether the restrictions should be blocked on a longer-term basis.

The case leaves key questions unresolved until Judge Gorton's forthcoming decision. For now, tens of thousands of people who might otherwise have lost work permits remain authorized to work pending the outcome of the challenge.

Risks

  • Legal uncertainty until the judge's August 5 decision could affect employers and labor markets that rely on immigrant labor - impacting hiring and workforce planning in affected sectors.
  • The administration's broader effort to end TPS for nationals from over a dozen countries, and the Supreme Court's allowance of TPS termination for Haitian and Syrian nationals in June, create policy volatility for individuals and businesses linked to those communities.
  • Implementation of asylum application fees and limits on work authorization under the July 2025 law may introduce administrative and compliance challenges for USCIS and applicants if the policy proceeds.

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