Court Temporarily Blocks Select USCIS TPS and Asylum Fee Policies Under One Big Beautiful Bill Act

• A federal court has temporarily paused several USCIS policies related to temporary protected status-based work permits and the annual asylum fee while litigation continues, although USCIS may still collect the asylum fee.  

Court Temporarily Blocks Select USCIS TPS and Asylum Fee Policies 

The U.S. Citizenship and Immigration Services (USCIS) announced that it will comply with a July 21, 2026, administrative stay issued by the U.S. District Court for the District of Massachusetts in Venez. Ass’n of Mass. v. USCIS.

The order temporarily blocks enforcement of several USCIS policies that were implemented under H.R. 1, the Reconciliation Act of 2025, commonly referred to as the One Big Beautiful Bill Act.  

What the Court Temporarily Paused 

The court’s order stays the following USCIS actions pending further judicial proceedings: 

TPS Employment Authorization Deadlines 

USCIS may not apply the challenged H.R. 1 provisions to previously extended temporary protected status (TPS)-based Employment Authorization Documents (EADs). As a result, affected TPS EADs retain their prior expiration dates.  

Asylum Application Rejections for Nonpayment 

USCIS cannot reject asylum applications solely because an applicant failed to pay the Annual Asylum Fee (AAF).  

Work Authorization Terminations 

USCIS cannot terminate an individual’s work authorization based solely on failure to pay the AAF.  

Removal Proceedings 

The agency cannot initiate removal proceedings solely on the basis of a person’s failure to pay the AAF.  

What Remains in Effect 

Importantly, the court’s order does not prevent USCIS from collecting the Annual Asylum Fee. Individuals who have received, or later receive, a USCIS notice regarding the fee must still pay it according to the instructions provided. USCIS also confirmed that all other H.R. 1 fees and requirements remain in effect unless specifically blocked by the court.

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