A US federal judge has temporarily stopped the Donald Trump administration from taking away work authorization from thousands of asylum seekers and immigrants with Temporary Protected Status (TPS).
The decision was issued by US District Judge Nathaniel Gorton in Boston after immigrant rights groups and labour unions challenged the administration’s new immigration rules.
The temporary order will remain in effect while the judge reviews whether the policy should be blocked for a longer period. A further decision is expected by August 5.
What Is Temporary Protected Status (TPS)?
Temporary Protected Status is a US programme that allows people from countries affected by war, natural disasters, or other dangerous conditions to legally live and work in the United States until it becomes safe for them to return.
The recent legal dispute focuses on new immigration restrictions introduced after a major tax and spending law passed by Congress in 2025.
The law introduced new fees for first-time asylum applicants and added restrictions related to work permits for some TPS holders.
Why Did Immigrant Groups Challenge the Rules?
The lawsuit was filed by Democracy Forward, along with immigrant rights organisations and labour unions.
The groups argued that the US Citizenship and Immigration Services (USCIS) did not properly implement the new rules and that the restrictions could unfairly affect thousands of workers.
They specifically challenged rules that could have caused TPS holders from countries including:
El Salvador
Sudan
Ukraine
to lose their work permits.
The groups claimed that USCIS was applying the restrictions retroactively and reducing the validity period of work permits without proper legal authority.
Judge Blocks Work Permit Cancellation, But Allows Fee Collection
Judge Gorton temporarily blocked the administration from cancelling work permits of affected TPS holders.
However, the judge did not stop USCIS from collecting the newly introduced application fee.
At the same time, he ruled that USCIS cannot cancel someone’s work authorization or impose penalties simply because they fail to pay the fee.
The decision means thousands of TPS holders covered under the order will not immediately lose their ability to work in the US.
TPS Protections for El Salvador, Sudan and Ukraine Continue
The Biden administration had extended TPS protections for people from El Salvador, Sudan, and Ukraine in January 2025.
Currently:
TPS for El Salvador is valid until September 9.
TPS for Sudan and Ukraine is valid until October 19.
The legal groups also argued that USCIS failed to follow required procedures, including providing public notice and allowing comments before introducing the new restrictions.
Final Decision Expected on August 5
The current ruling is only temporary. Judge Gorton will decide by August 5 whether to continue blocking the Trump administration’s immigration policy for a longer period.
Until then, eligible TPS holders covered by the court order can continue working in the United States without immediate changes to their work permits.
