Written by ASAP’s expert immigration lawyers · Updated
"The government is making things difficult for immigrants who, like me, are trying to do everything right.” - ASAP Member
On July 1, 2026, ASAP members filed a lawsuit to challenge USCIS’s implementation of the annual asylum fee and attacks on work permits for asylum seekers and TPS holders. A different ASAP lawsuit, ASAP v. EOIR, is separately challenging the immigration court’s implementation of the annual asylum fee.
On July 21, 2026, there were multiple positive updates in this case! But it is still important to check every week to find out if your annual asylum fee is due. Read our annual asylum fee page for details about how to pay the fee. Read more below about case developments.
Case Summary:
On July 1, 2026, ASAP members filed a lawsuit to challenge USCIS’s implementation of the annual asylum fee and attacks on work permits for asylum seekers and immigrants with Temporary Protected States (TPS).
We filed this lawsuit alongside members of the National TPS Alliance (NTPSA), the Venezuelan Association of Massachusetts (VAM), the Service Employees International Union (SEIU), and SEIU Local 32BJ (32BJ). The lawyers on the case are from ASAP, Democracy Forward, and the National Day Laborer Organizing Network (NDLON).
ASAP members have raised serious concerns about the annual asylum fee and work permits, and we filed this lawsuit in response to their concerns.
The four key issues in the lawsuit are below, along with their current status.
Charging the annual asylum fee: ASAP members argued that USCIS is charging the annual asylum fee in an unlawful way, including by providing unreliable notice and charging the fee retroactively.
Unfortunately, USCIS can continue to charge the annual asylum fee. Asylum seekers should continue to check every week to see if their fee is due and pay it as soon as possible. Learn more here.
Penalties related to the annual asylum fee: ASAP members argued that USCIS is imposing harsh penalties for not paying the annual asylum fee, including immediately terminating work permits and rejecting asylum applications.
On July 21, the judge agreed with ASAP members and said that USCIS cannot currently impose penalties for people who missed the payment deadline. But this could change in the future.
TPS-based work permit validity: ASAP members argued that USCIS was unlawfully attempting to end some TPS-based work permits early, on July 22, 2026.
On July 21, the judge agreed with ASAP members and said that USCIS cannot end these TPS-based work permits early on July 22.
Asylum-based work permit processing: ASAP members argued that USCIS unlawfully removed a long-standing rule that required initial work permits for asylum seekers to be processed within 30 days — and made this change without informing the public.
On July 21, USCIS reinstated the 30-day processing requirement for initial work permits for asylum seekers. USCIS made this change after ASAP members raised this issue in the lawsuit. This was a major win!
The judge will issue another decision on or before August 5, 2026, and we will update this page soon after.
Lawsuit Timeline:
July 1, 2026: ASAP members filed a lawsuit, alongside members of the National TPS Alliance (NTPSA), the Venezuelan Association of Massachusetts (VAM), the Service Employees International Union (SEIU), and SEIU Local 32BJ (32BJ).
July 2, 2026: The organizations filed a Motion for a Stay of Agency Action.
July 13, 2026: ASAP filed a supplemental declaration about problems with the annual asylum fee and work permit processing.
July 15, 2026: The organizations filed an Emergency Motion for an Administrative Stay, asking the judge to pause the USCIS policies until he has time to make a decision.
July 21, 2026: USCIS published a “correcting amendment” to the April 2026 Interim Final Rule. The correction re-instates the requirement for USCIS to process initial work permits for asylum seekers within 30 days! This is a win for ASAP members.
July 21, 2026: The judge granted our Emergency Motion for an Administrative Stay in part!
July 30, 2026: An in-person hearing is scheduled in federal court: 1 Courthouse Way, Boston, Massachusetts, Courtroom 4, at 3:00pm. The judge says he will make a decision on our Motion for a Stay of Agency Action by August 5.
Selected Documents:
Below is a selection of documents related to the lawsuit.
This lawsuit challenges several DHS policies, including an April 2026 Interim Final Rule (IFR) about the annual asylum fee, TPS, and work permits.
ASAP’s First Comment Opposing the IFR, submitted alongside NTPSA, SEIU, and 81 other organizations (May 29, 2026)
ASAP’s Second Comment Opposing the IFR (June 29, 2026)
Complaint (July 1, 2026)
Motion for a Stay of Agency Action (July 2, 2026)
DHS’s Correcting Amendment to the April 2026 Interim Final Rule (July 21, 2026)
Order Granting in Part the Emergency Motion for an Administrative Stay (July 21, 2026)
The Asylum Seeker Advocacy Project (ASAP) aims to provide factual information about current immigration laws. This information is not legal advice.
All legal content is written and legally reviewed by ASAP’s team of expert immigration lawyers. ASAP’s expert lawyers have decades of experience in immigration law and litigation. Collectively, they have won hundreds of cases. Our lawyers are admitted to the Bar in several U.S. states, hold law degrees from universities including Harvard, Yale, and UCLA, and have won multiple awards for their legal work.