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. USCIS, granting part of an emergency request for an administrative stay filed by organizations representing TPS beneficiaries and pending asylum applicants. USCIS has stated that it will comply with the court’s order while the case moves forward.
What the Court’s Order
The court temporarily stayed portions of USCIS policies contained in a July 2025 Federal Register notice, a March 2026 USCIS website update, and an April 2026 Interim Final Rule. According to USCIS, the order impacts four areas.
1. TPS Employment Authorization Document (EAD) Expiration Policies
The court temporarily halted the application of H.R. 1 provisions related to TPS-based Employment Authorization Document expiration deadlines.
As a result, TPS-based EADs that had previously received extensions will maintain their prior expiration dates while the litigation remains pending.
2. Rejection of Asylum Applications for Nonpayment of the Annual Asylum Fee
The order temporarily blocks USCIS from rejecting asylum applications solely because the applicant failed to pay the newly established Annual Asylum Fee (AAF).
3. Work Authorization Terminations Based on Unpaid Fees
The court also stayed USCIS policies that would terminate employment authorization solely due to a failure to pay the Annual Asylum Fee.
4. Removal Proceedings Based Solely on Nonpayment
USCIS further confirmed that the court blocked the initiation of removal proceedings based solely on an individual’s failure to pay the Annual Asylum Fee.
Important: The Annual Asylum Fee Remains in Effect
While the court temporarily halted several enforcement-related provisions, the order specifically allows USCIS to continue collecting the Annual Asylum Fee.
Individuals who have received, or later receive, a USCIS notice regarding the Annual Asylum Fee must continue following the instructions in that notice and pay the fee as directed. USCIS emphasized that all other fees and requirements established under H.R. 1 remain in effect unless otherwise modified by future court action.
What’s Next
The ruling provides temporary relief for certain TPS beneficiaries and asylum applicants while the court reviews the legality of the challenged policies.
For TPS beneficiaries, the decision may preserve existing EAD expiration dates that otherwise could have been affected under H.R. 1 implementation policies. For asylum applicants, the order temporarily prevents application rejection, work authorization termination, or removal actions based solely on the nonpayment of the Annual Asylum Fee.
However, the court’s order is temporary and does not resolve the underlying litigation. USCIS has indicated that it will issue additional guidance and updated instructions as the case progresses.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.