Overview
- U.S. District Judge Nathaniel Gorton issued a temporary order on Tuesday that stops U.S. Citizenship and Immigration Services from revoking work permits or imposing penalties tied to the new asylum fee while the legal challenge proceeds.
- The suit was filed by a coalition of immigrant-rights groups and labor unions represented by Democracy Forward, which argues USCIS adopted new rules without required public notice-and-comment and applied them retroactively to some Temporary Protected Status holders.
- The administration may continue to collect the newly created asylum application fee for now, but the order prevents USCIS from rejecting applications, terminating employment authorization, or starting removal proceedings for failure to pay.
- Thousands of people from countries including El Salvador, Sudan and Ukraine are directly protected by the order; those TPS designations were extended earlier this year and currently expire in September and October.
- Judge Gorton will decide whether to extend the pause or issue longer-term relief by August 5, a ruling that could shape how the agency implements the 2025 law and affect the livelihoods of affected families while broader litigation over TPS continues.