US Judge Temporarily Blocks Trump Administration from Revoking TPS Work Permits

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Quick Read

  • Judge Nathaniel Gorton issued a temporary order blocking the revocation of work permits for TPS holders from El Salvador, Sudan, and Ukraine.
  • The ruling halts the immediate enforcement of USCIS policies, including new asylum fees and processing changes.
  • The lawsuit, filed by Democracy Forward, argues that USCIS failed to seek required public input before changing rules.
  • A decision on a longer-term injunction is expected by August 5, 2026.

Court Intervention and Immediate Impact

US District Judge Nathaniel Gorton has issued a temporary order preventing the Trump administration from revoking work permits for tens of thousands of asylum seekers and immigrants currently holding Temporary Protected Status (TPS). The ruling, handed down on Tuesday, provides a critical reprieve for nationals from El Salvador, Sudan, and Ukraine, whose employment authorization was set to be terminated as early as Wednesday.

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In his five-page order, Judge Gorton emphasized the urgency of the situation, noting that the potential consequences for the plaintiffs are “potentially severe.” The order ensures that these individuals can maintain their legal right to work while the court deliberates on a longer-term injunction. The judge has scheduled further proceedings, with a definitive decision on the injunction expected by August 5.

Legal Challenges to USCIS Policies

The lawsuit, brought by a coalition of labor unions and immigrant rights groups represented by Democracy Forward, challenges a series of policy changes implemented by the US Citizenship and Immigration Services (USCIS). Central to the legal argument is the claim that USCIS bypassed mandatory public input procedures when enacting these changes. The challenged policies include the introduction of a new annual asylum fee and the elimination of a long-standing rule that required initial asylum work permit applications to be processed within a 30-day window.

The plaintiffs argue that the retroactive application of these rules to current TPS holders—who are residing in the US due to war, natural disasters, or other crises in their home countries—constitutes irreparable harm. Democracy Forward president Skye Perryman stated that the ruling protects families from losing their ability to support themselves through no fault of their own.

Broader Immigration Context

The contested provisions stem from the “One Big Beautiful Bill Act,” a tax and spending law enacted by the Republican-controlled Congress in July 2025. This legislation has become a centerpiece of the administration’s efforts to restrict immigration pathways. While the court did not halt the collection of the newly mandated asylum fee on Tuesday, it did block the administration from using non-payment of that fee as grounds for rejecting asylum applications or terminating work permits.

This ruling stands in contrast to recent judicial trends. Last month, the US Supreme Court allowed the administration to move forward with ending TPS protections for thousands of Haitian and Syrian immigrants. As the current case proceeds, the legal focus remains on whether the administrative processes used by USCIS to implement these restrictions were lawful. USCIS has not yet provided a formal response to the ruling.

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