Federal Judge Blocks Move to Strip Work Permits from Asylum Seekers and TPS Holders

U.S. District Judge Nathaniel Gorton in Boston blocked the Trump administration on Tuesday from stripping tens of thousands of asylum seekers and immigrants with Temporary Protected Status of their work permits. He acted one day before the restrictions were scheduled to begin.

Gorton issued a temporary restraining order on July 21, 2026, protecting immigrants from El Salvador, Sudan, and Ukraine who faced losing employment authorization this week. The order also prevents the government from rejecting asylum applications solely because applicants have not paid a new annual fee.

The restrictions were set to take effect on July 22, 2026. Without the court’s intervention, thousands of workers could have lost authorization overnight and become unauthorized workers, potentially costing them jobs in healthcare, construction, and other industries.

The judge warned that “the consequences faced by plaintiffs are potentially severe.” The case now moves toward a hearing on whether the court should issue a longer-term injunction.

The order pauses fees and shortened authorization periods

The policies stem from the One Big Beautiful Bill Act, or OBBBA, signed into law on July 4, 2025. The $170.1 billion reconciliation bill created new immigration restrictions, including a recurring charge for people with pending asylum applications.

For fiscal year 2026, the Annual Asylum Fee is $102 per year. Under the policy challenged in Boston, failure to pay could result in immediate rejection of an asylum application and termination of the applicant’s employment authorization.

The law also shortened the maximum validity of TPS-based employment documents. The new limit is one year or the remaining designation period for the country, whichever is shorter.

The order protects the affected applicants while the court considers the broader challenge. The ruling does not resolve the case.

The administration has argued that TPS can end

The Boston order follows a June 25 Supreme Court decision in Mullin v. Doe. That ruling allowed the administration to proceed with terminating TPS for certain countries and broadly signaled executive authority to end the status and limit court review.

DHS General Counsel James Percival described the Supreme Court decision and two related rulings as victories for the administration. He said the decisions reaffirmed that TPS “was always supposed to be temporary and can be cancelled at the appropriate time.”

“These three rulings are all victories for the rule of law and common sense. This includes. reaffirming that Temporary Protected Status (TPS) was always supposed to be temporary and can be cancelled at the appropriate time. Thanks to these decisions, we now have several more important tools to continue securing our borders.”

Percival made the remarks on June 25, after the Supreme Court ruling. The Boston order creates a temporary barrier to the administration’s latest effort to apply those restrictions to employment documents and pending asylum cases.

Earlier court relief kept some documents valid

USCIS said in a July 17 compliance update that TPS beneficiaries from Yemen and South Sudan would keep their status and employment authorization under an earlier court order. Their documents would remain valid during the limited extension.

The agency described that relief as temporary. USCIS said it would last until lower courts align with the Supreme Court’s decision in Mullin v. Doe.

Those country-specific measures differ from Tuesday’s order. Gorton’s ruling specifically covers immigrants from El Salvador, Sudan, and Ukraine who faced the loss of employment authorization under the policies taking effect this week.

The cases have produced different forms of short-term protection. Some orders preserve existing documents, while Gorton’s order also blocks asylum application rejections tied to the unpaid fee.

Officials defend tighter controls beyond the case

DHS Secretary Markwayne Mullin defended the administration’s broader approach to visa and employment controls on July 17. His statement focused on foreign students and other nonimmigrants rather than the Boston litigation.

“By implementing clear, finite limits on these visas, the United States is reclaiming its ability to properly screen, vet, and monitor individuals within our borders. This final rule ensures that foreign students [and other nonimmigrants] remain focused on their primary purpose: completing their studies and returning home.”

The statement reflects the administration’s stated rationale for tighter controls: limits on authorization, screening, monitoring, and the terms attached to immigration benefits.

Gorton’s order addresses a narrower question. It keeps the challenged asylum and TPS measures from taking effect while the litigation continues.

The next hearing is set for August 5

The court has scheduled a follow-up hearing for August 5, 2026, when it will consider whether to issue a longer-term injunction. The temporary order remains the immediate protection for the workers and applicants covered by the case.

The administration’s position on TPS termination remains shaped by the June Supreme Court decision. The Boston litigation will determine whether the newer fee and employment-document restrictions can proceed against the groups identified in Gorton’s order.