A July 21 emergency ruling by a federal court saved thousands of lawfully present immigrants from losing work authorization and asylum seekers from the automatic rejection of their cases.
Nathaniel Gorton
U.S. Citizenship and Immigration Services was scheduled to eliminate the benefits July 22 to satisfy parts of the so-called “One Big Beautiful Bill Act” passed by Republican majorities in Congress.
But they were spared when District Judge Nathaniel Gorton granted a motion temporarily blocking USCIS from terminating employment authorization for Temporary Protected Status holders and for some asylum seekers.
The Trump administration also was blocked from initiating removal proceedings against asylum seekers after closing their cases. “Here, the consequences faced by plaintiffs are potentially severe,” Gorton wrote.
The ruling stems from a lawsuit filed by the Venezuelan Association of Massachusetts, the National TPS Alliance, the Asylum Seeker Advocacy Project, the Service Employees International Union and the 32BJ SEIU union.
The litigation argues the proposed USCIS policies illegally impose new barriers on TPS holders and asylum seekers, and that the government failed to provide due process and adequate notice of the changes.
Plaintiffs are represented by the Asylum Seeker Advocacy Network, Democracy Forward and the National Day Laborer Organizing Network.
“The Trump-Vance administration cannot use bureaucratic shortcuts to strip people of rights Congress guaranteed under our immigration laws,” said Democracy Forward President Skye Perryman. “The court’s ruling ensures thousands of families will not lose their livelihoods and their peace of mind while the courts consider the legality of these policies.”
Plaintiffs and legal co-counsel issued a statement explaining they are fighting to protect the legal process established by Congress.
“This decision protects thousands of asylum seekers and TPS holders from immediate and irreparable harm while this case moves forward. Without this relief, families who have followed the law and relied on longstanding humanitarian protections faced the sudden loss of their employment authorization and ability to support themselves through no fault of their own. Asylum seekers also faced rejection of their applications for relief. The order provides protections while the court considers the serious legal questions presented in this case.”
Vanessa Cardenas
But Vanessa Cárdenas, executive director of America’s Voice, cautioned that the threats facing TPS holders and asylum seekers are not fully resolved.
“This ruling buys time, not safety. Enormous damage has already been done to employers and Americans who depend on the hard work of immigrant workers with legal status. Every person this policy targets is someone’s coworker, neighbor or caregiver, doing everything asked of them and still fearing for their livelihoods.”
And there will be no lasting solutions for immigrants as long as the Trump administration continues to widen its deportation campaign, she added. “Donald Trump and Stephen Miller are intent on continuing their relentless, violent and chaotic effort to delegalize immigrants so they can deport as many as possible. Congress must act now to protect TPS before the next ruling undoes today’s relief.”