Key facts
- A federal judge has temporarily blocked the Trump administration's policy to strip work permits from asylum seekers and immigrants with Temporary Protected Status.
- The ruling by U.S. District Judge Nathaniel Gorton in Boston will remain in effect until a decision on a longer-term pause is made by August 5.
- The lawsuit was filed by immigrant rights groups and labor unions arguing the policies unlawfully implemented new immigration restrictions.
- The administration's policy aimed to restrict employment authorization for people with Temporary Protected Status.
- The judge declined to block the asylum application fee but stated work permits cannot be revoked for non-payment.
A federal judge in Boston has issued a temporary block on the Trump administration's efforts to strip work permits from tens of thousands of asylum seekers and immigrants with Temporary Protected Status (TPS).
U.S. District Judge Nathaniel Gorton sided with immigrant rights groups and labor unions who sued to halt policies enacted by U.S. Citizenship and Immigration Services (USCIS). These policies were designed to implement new immigration restrictions, including fees for asylum applications and limitations on employment authorization for TPS holders. The judge stated his order would remain in place until he decides on a longer-term pause by August 5.
The lawsuit, filed by Democracy Forward, argued that USCIS unlawfully implemented the new law's provisions, particularly those retroactively applying restrictions to TPS holders from El Salvador, Sudan, and Ukraine, potentially causing them to lose their livelihoods. Skye Perryman, CEO of Democracy Forward, stated the ruling protects thousands of families while the legality of the administration's policies is reviewed.
While the administration has been terminating TPS for other countries, it extended TPS for El Salvador, Sudan, and Ukraine in January. The plaintiffs contended that the USCIS policies were invalid because the public was not given adequate notice and opportunity to comment, as required by the Administrative Procedure Act, and because the TPS work authorization provisions were applied retroactively without statutory authorization.
Judge Gorton declined to block the collection of the asylum application fee for now but ruled that USCIS cannot revoke work permits or impose other penalties on those who fail to pay.