U.S. District Court Upholds TPS EAD Cap, Grants Limited Relief on Asylum Fee
On August 5, 2026, the U.S. District Court for the District of Massachusetts ruled against a request to halt the implementation of the One Big Beautiful Bill Act (H.R. 1) concerning Temporary Protected Status (TPS) employment authorization documents (EADs). The court's decision maintains the one-year cap on TPS-based EADs, a policy established by a July 2025 Federal Register notice and further detailed in a March 2026 USCIS website update. The plaintiffs, including the Venezuelan Association of Massachusetts, challenged these actions, arguing they were unlawfully retroactive and lacked proper notice-and-comment rulemaking. However, the court found that the USCIS was executing a statutory directive from Congress, thus not requiring additional rulemaking procedures. The court also addressed potential gaps in employment authorization, noting that while these gaps could occur, they do not render the cap policy unlawful. Additionally, the court granted a nationwide stay on parts of the Annual Asylum Fee rule, w...