On August 5, 2026, the Federal Court in Massachusetts overturned a ruling that had allowed migrants with TPS status to work legally. More than 200,000 people lost the right to work legally, but not everyone was affected — two categories of migrants remain untouched by the new decision.
What Happened on August 5
A judge in Boston overturned a court ruling from last summer that had allowed people on TPS to work legally and renew their work permits. Starting August 5, people with TPS status who lack a valid work permit lost the right to work officially for an American company or for themselves. This affects those who filed for renewal and were working with documents confirming pending-renewal status.
The consequences can be serious: if someone with TPS status alone is caught at a workplace, it will have immigration consequences not only for them but also for the employer.
Who Is Not Affected by This Ruling
The rule does not apply to two categories of migrants. The first category is people who currently hold a valid work permit. The second category is people with another open status or those awaiting an asylum decision. If you applied for asylum, your work permit is likely issued under category C8 or another immigration program tied to work authorization — such a permit remains valid.
If your work permit is tied not to TPS but to another immigration program you were nominated under, the new ruling does not affect you.
The Temporary Nature of the Ruling
The August 5 court ruling is temporary in nature. The case regarding work permits remains under review, and it is possible that it will ultimately be decided in favor of people with TPS status. However, this negative ruling may signal that in September, when the question of TPS renewal for a broad category of migrants is considered, the decision could also be negative.
What to Do If You Risk Losing TPS
If you plan to stay in the US and risk losing TPS, you should consider alternative grounds for legal presence in the country. One option is to apply for asylum if you face danger upon returning to your home country. Based on the need for protection, you can obtain authorization and continue your stay in the United States of America.
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