In a significant development for Temporary Protected Status (TPS) holders and asylum seekers, the U.S. District Court for the District of Massachusetts issued an order on July 21, 2026, granting an administrative stay on several controversial USCIS policies stemming from the H.R. 1 Reconciliation Act of 2025.
The court's order temporarily halts the application of H.R. 1 to TPS-based employment authorization document (EAD) expiration deadlines. This means that any TPS-based EAD that was previously extended will maintain their prior expiration date for now. Furthermore, the court stayed the rejection of asylum applications for failure to pay the newly introduced annual asylum fee (AAF), as well as the termination of work authorization or initiation of removal procedures based solely on the failure to pay this fee.
While this is welcome news for advocates and immigrants, USCIS noted that the court's order expressly allows the agency to continue collecting the annual asylum fee. Therefore, any noncitizen who receives a notice from USCIS regarding the AAF is still required to pay it according to the instructions provided.
This ongoing litigation creates a complex landscape for TPS holders and asylum applicants. While the immediate threat of work authorization loss or deportation for unpaid fees is paused, the financial obligation remains. Beneficiaries must stay highly vigilant as court proceedings continue.