USCIS Policies Jeopardize Humanitarian Protections and Put Families at Risk

July 2, 2026 - Boston — A coalition of immigrant advocacy organizations and labor unions filed a lawsuit on Wednesday challenging a series of unlawful U.S. Citizenship and Immigration Services (USCIS) policies that threaten to strip tens of thousands of asylum seekers and Temporary Protected Status (TPS) holders of their ability to work, support their families, and remain safely in the United States.

The lawsuit challenges four USCIS policies implementing portions of the so-called One Big Beautiful Bill Act that unlawfully impose new barriers on asylum seekers and TPS holders. Together, the policies put thousands of people at immediate risk of losing work authorization, destabilizing their families, and, in the case of asylum seekers, potentially losing access to the humanitarian protections Congress guaranteed under federal law.

Plaintiffs in the case include the Venezuelan Association of Massachusetts; the National TPS Alliance (NTPSA); the Asylum Seeker Advocacy Project (ASAP); the Service Employees International Union (SEIU); and 32BJ SEIU. They are represented by Democracy Forward, National Day Laborer Organizing Network, and ASAP.

The lawsuit challenges USCIS’s decision to reject pending asylum applications and terminate work permits when applicants fail to pay a newly created annual asylum fee – without providing sufficient notice that the payment is due, a grace period for late payment, or any way to appeal a rejection. This policy could permanently prevent otherwise eligible individuals from pursuing asylum, immediately terminate their work authorization, and expose them to detention and deportation to countries where they face persecution. 

Further, the lawsuit challenges USCIS’s unlawful elimination of a decades-old rule requiring the agency to process initial work permit applications for asylum seekers within 30 days, a change the agency made without providing the public with notice or an opportunity to comment as required by law.

The lawsuit also challenges USCIS’s implementation of new employment authorization policies for TPS holders. The lawsuit alleges USCIS unlawfully applied recent changes to the duration of TPS work permits retroactively and in a manner that improperly cuts off work authorization for people who remain lawfully protected under TPS. As a result, healthcare workers, janitors, airport workers, engineers, property service workers, and countless others across the country face the loss of their jobs, health insurance, and financial stability despite continuing to qualify for humanitarian protection.

“The Venezuelan Association of Massachusetts (VAM) is deeply concerned that, at a time when the recent earthquake in Venezuela has left countless families in crisis, our members are instead being forced to fight to keep their ability to live and work lawfully in the United States. More than 60% of our members have lost a friend or relative, and many are trying to support loved ones who have been displaced from their homes. These policies threaten our members’ ability to work, provide for their families here, and send desperately needed assistance to their families in Venezuela—at the very moment they need it most,” said Carlos Martin Medina, Director, Venezuelan Association of Massachusetts.

Jose Palma, Coordinator of the National TPS Alliance, said “TPS holders, like all working people, depend on our jobs to put food on the table for ourselves and our families. The Trump Administration is trying to make our lives impossible by preventing us from working. But the law guarantees TPS holders the right to work, and we are filing this litigation today to protect that right for TPS holders and other immigrants who are under attack by the Trump Administration.”

NTPSA member Isaac, who is featured in the case, said, “I work to support myself and my four U.S. citizen children. If my employment authorization is cut short, I don’t know how we will pay our mortgage and other bills. I hope the court will take action soon, so I can keep working and contributing to my community as I have been for the past two decades.”

“Our members’ ability to access the workforce and seek asylum is shifting underneath their feet,” said Swapna Reddy, Co-Executive Director of the Asylum Seeker Advocacy Project (ASAP). “The government is using the annual asylum fee as a pretext to push people out of the asylum system and out of work. Asylum seekers are in danger of having their asylum applications rejected and work permits terminated over late payments—even if they haven’t gotten notice of the fee. ASAP is proud to stand alongside asylum seekers, TPS holders, and the organizations and unions that represent them—to defend immigrants’ ability to work and seek safety.”

ASAP member Richard, who is featured in the case, said, “The government is making things difficult for immigrants who, like me, are trying to do everything right, including paying the new annual fee for asylum seekers. I’m worried that I won’t know when I need to pay in the future, and that I might accidentally miss a payment. In my case, my asylum application was filed several years ago, and I can’t manage my case online; I depend entirely on notifications that arrive by mail. If a letter is lost, arrives late, or if I never receive it, I might not find out that I need to make a payment. It’s very worrying to think that my family and I could lose our asylum case or our work permits simply because a notification never reached our hands.”

“SEIU members are proud to join this new lawsuit against this administration’s effort to rob workers of their permission to work and make it harder for immigrants to call America home,” said SEIU Secretary-Treasurer Rocío Sáenz. “Creating new barriers for people seeking safety in our country and ripping away TPS from those who would face danger if sent back, are part of this administration’s anti-immigrant and anti-worker agenda. This is not only against the law, but morally wrong. We recognize their tactics and refuse to stay silent.”

Manny Pastreich, President 32BJ SEIU, said, “The law is clear – as long as TPS holders have valid statuses, the law allows them to work to support themselves and their families. The Trump administration’s attempt to prematurely end Salvadoran TPS recipients’ work permits disregards both the rights and needs of these workers – including members of our union.  And it puts the vital work they perform every day for office workers, airport customers, and others in jeopardy. This is yet another spiteful, illegal move from the Administration that clearly harms both TPS holders and the millions of people who depend on their work contributions.”

“For generations, Congress has recognized that people fleeing persecution and people who cannot safely return to their home countries deserve humanitarian protections under our laws,” said Brian Netter, Legal Director at Democracy Forward. “The Trump-Vance administration is attempting to dismantle those protections through unlawful agency action that Congress never authorized. These draconian policies would strip people of their ability to work, support their families, and pursue the protections the law guarantees — all without basic due process. Our laws do not permit any administration to change the rules midstream, deprive people of their rights without notice, or place thousands of families at risk through bureaucratic fiat. We are going to court to ensure the law is followed and these vital humanitarian protections remain meaningful.”

Asylum seekers and TPS holders contribute billions of dollars to the U.S. economy every year while filling essential roles in industries facing persistent labor shortages and strengthening communities across the country. The challenged policies threaten not only the individuals directly affected but also the employers, coworkers, and local economies that rely on their contributions.

The case is Venezuelan Association of Massachusetts et al. v. USCIS et al.; the legal team at Democracy Forward includes Sean Ouellette, Jennie Kneedler, Steven Bressler, and Brian Netter.

Read the filing here.

Source: Democracy Forward