On July 21, 2026, the U.S. District Court for the District of Massachusetts stayed several USCIS policies under which work authorization for many Temporary Protected Status (TPS) holders was set to expire on July 22. The order was issued in Venezuelan Association of Massachusetts v. USCIS, No. 1:26-cv-13038; USCIS has stated that it will comply.

Status as of July 24, 2026. The administrative stay remains in effect until the court rules on the underlying motion, which it said it will do no later than August 5, 2026. TPS-based EADs keep their prior expiration dates; the order restores those dates rather than creating a new extension.

What the court stayed

The order reaches three elements of the challenged policies:

  • application of H.R. 1 to TPS-based EAD expiration deadlines, meaning any TPS-based EAD previously extended keeps its prior expiration date;
  • rejection of asylum applications for failure to pay the annual asylum fee;
  • termination of work authorization for the same reason.

The challenged actions are a July 2025 Federal Register notice, a March 2026 USCIS website update, and an April 2026 interim final rule.

Who is affected

The order covers TPS holders whose employment authorization had been shortened under the retroactive application of the new rules, including nationals of El Salvador, Sudan, Ukraine, and Venezuela, as well as asylum applicants with pending claims. The plaintiffs are membership organizations: the Venezuelan Association of Massachusetts, the National TPS Alliance, the Asylum Seeker Advocacy Project, SEIU, and 32BJ SEIU.

What the order does not change

The court did not stay every aspect of the agency's implementation. The end of automatic EAD extensions for renewal applications filed on or after October 30, 2025, remains in effect. The underlying TPS terminations were not at issue in this case. Separately, on July 22, 2026, the D.C. Circuit extended Haiti TPS-related employment authorization through July 27, 2026.

What comes next

The court indicated it will rule on the plaintiffs' motion for a stay of agency action under 5 U.S.C. § 705 no later than August 5, 2026. Until then, expiration dates that applied before the retroactive implementation govern.

This material is informational and current as of July 24, 2026. It is not legal advice. Verify against official sources before acting.