Case: Venezuelan Association of Massachusetts v. United States Citizenship and Immigration Services

1:26-cv-13038 | U.S. District Court for the District of Massachusetts

Filed Date: July 1, 2026

Case Ongoing

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Case Summary

This case challenges Trump administration policies that changed procedural requirements for Temporary Protected Status (TPS) and Asylum seekers. Filed on July 1, 2026, in the U.S. District Court for the District of Massachusetts, this action was brought by five organizational plaintiffs—the Venezuelan Association of Massachusetts (VAM), the National TPS Alliance (NTPSA), the Asylum Seeker Advocacy Project (ASAP), Service Employees International Union AFL-CIO (SEIU), and Service Employees Inter…

This case challenges Trump administration policies that changed procedural requirements for Temporary Protected Status (TPS) and Asylum seekers.

Filed on July 1, 2026, in the U.S. District Court for the District of Massachusetts, this action was brought by five organizational plaintiffs—the Venezuelan Association of Massachusetts (VAM), the National TPS Alliance (NTPSA), the Asylum Seeker Advocacy Project (ASAP), Service Employees International Union AFL-CIO (SEIU), and Service Employees International Union Local 32BJ (32BJ SEIU)—against U.S. Citizenship and Immigration Services (USCIS), the U.S. Department of Homeland Security (DHS), and their leadership.

The plaintiffs challenged four policies that USCIS implemented to purportedly carry out the "One Big Beautiful Bill Act" (H.R. 1), signed on July 4, 2025. These sweeping measures included retroactive annual asylum fees, limitations on TPS document validity, shortening automatic 540-day Employment Authorization Document (EAD) extensions to one year effective July 22, 2025, and silently eliminating the longstanding regulatory requirement that USCIS process initial asylum-based EAD applications within 30 days. Plaintiffs alleged that all four policies were issued without required notice-and-comment rulemaking, that three of them unlawfully applied H.R. 1's changes retroactively in violation of the TPS statute's mandate that employment authorization be effective throughout the TPS period, and that TPS holders faced job loss and asylum seekers faced application rejection, termination of work authorization, and exposure to removal proceedings without adequate notice or opportunity to be heard. This case was assigned to District Judge Nathaniel M. Gorton.

The complaint asserted eleven counts under the Administrative Procedure Act (APA) and the Fifth Amendment's Due Process Clause, and sought declaratory relief, temporary and permanent injunctions, an order vacating all four challenged policies, an order preserving the 540-day automatic EAD extensions for TPS holders who applied before July 4, 2025, and attorneys' fees and costs.

On July 2, 2026, the plaintiffs moved to stay the challenged policies. On July 15, 2026, the plaintiffs filed an emergency motion for an administrative stay until the court issued its final ruling, or, in the alternative, a stay pending appeal of the denial of the stay. On July 21, 2026, the court granted the administrative stay in part and denied it in part until the court filed a final order on the plaintiffs’ motion for a stay. The court stayed four portions of the policies, including 1) retroactive application of EAD expiration deadlines so any EAD previously extended maintained its prior expiration date; 2) rejection of asylum application for failure to pay the annual asylum application fee; 3) termination of work authorization of those who failed to pay the annual asylum application fee; and 4) the initiation of removal procedures against those who failed to pay the annual asylum fee. 2026 WL 2100018.

A motion hearing was held on July 30, 2026. On August 5, 2026, the court allowed the stay with respect to the implementation of consequences for failure to pay the annual asylum fee until the court issued a final ruling on the merits of the case. The court denied the motion to stay all other portions of the challenged policies. 2026 WL 2255272.

On August 6, 2026, the plaintiffs appealed the decision to the U.S. First Circuit Court of Appeals (Case No. 26-1893). The next day, the plaintiffs filed an emergency motion to stay in the district court pending the appeal. Judge Gorton denied this motion. The plaintiffs also filed the emergency motion to stay in the First Circuit, which was denied without prejudice. On August 10, 2026, the plaintiffs filed a renewed emergency motion to stay pending appeal and for immediate administrative stay in the First Circuit. The First Circuit found that the plaintiffs failed to demonstrate that the stay was warranted and denied the motion.

As of August 19, 2026, this case remains ongoing in both the district and appellate courts.

Summary Authors

Madeline Dollard (8/20/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73564609/parties/venezuelan-association-of-massachusetts-v-united-states-citizenship-and/

Judge(s)

Gorton, Nathaniel M. (Massachusetts)

Attorney for Plaintiff

Bansal, Jessica (Massachusetts)

Bressler, Steven Y. (Massachusetts)

Cruz, Conchita (Massachusetts)

Hanson, Jessica

Attorney for Defendant

Judge(s)

Gorton, Nathaniel M. (Massachusetts)

Attorney for Plaintiff

Bansal, Jessica (Massachusetts)

Bressler, Steven Y. (Massachusetts)

Cruz, Conchita (Massachusetts)

Hanson, Jessica

Johnson, Marcela X. (Massachusetts)

Kneedler, Jennie L. (Massachusetts)

Netter, Brian D. (Massachusetts)

Ouellette, Sean R. (Massachusetts)

Attorney for Defendant

Lockhart, Donald Campbell

O'Connor, Nicole M. (Massachusetts)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:26-cv-13038	Complaint for Stay Under 5 U.S.C. Section 7705 Preliminary and Permanent Injunctive Relief Venezuelan Association of Massachusetts et al. v. United States Citizenship and Immigration Services et al.	July 1, 2026	July 1, 2026 Complaint
47 1:26-cv-13038	Memorandum & Order Venezuelan Association of Massachusetts et al. v. United States Citizenship and Immigration Services et al.	July 21, 2026	July 21, 2026 Order/Opinion 2026 WL 2100018
53 1:26-cv-13038	Memorandum & Order Venezuelan Association of Massachusetts et al. v. United States Citizenship and Immigration Services et al.	Aug. 5, 2026	Aug. 5, 2026 Order/Opinion 2026 WL 2255272

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
H.R. 1 ("One Big Beautiful Bill") Jodey Arrington			https://www.congress.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/73564609/venezuelan-association-of-massachusetts-v-united-states-citizenship-and/

Last updated Sept. 3, 2026, 3:10 a.m.

Docket for: Venezuelan Association of Massachusetts v. United States Citizenship and Immigration Services

ECF Number	Date	Description	Link
1	July 1, 2026	COMPLAINT for Stay Under 5 U.S.C. Section 705, Preliminary and Permanent Injunctive Relief against All Defendants Filing fee: $ 405, receipt number AMADC-11859439 (Fee Status: Filing Fee paid), filed by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Ouellette, Sean) (Entered: 07/01/2026) 1 Civil Cover Sheet View on PACER 2 Category Form View on PACER	Clearinghouse
2	July 1, 2026	MOTION for Leave to Appear Pro Hac Vice for admission of Brian Netter Filing fee: $ 125, receipt number AMADC-11859672 by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts. (Attachments: # 1 Declaration)(Ouellette, Sean) (Entered: 07/01/2026) 1 Declaration View on RECAP	RECAP
3	July 1, 2026	MOTION for Leave to Appear Pro Hac Vice for admission of Jennie L. Kneedler Filing fee: $ 125, receipt number AMADC-11859715 by Asylum Seeker Advocacy Project, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts. (Attachments: # 1 Declaration)(Ouellette, Sean) (Entered: 07/01/2026) 1 Declaration View on RECAP	RECAP
4	July 1, 2026	MOTION for Leave to Appear Pro Hac Vice for admission of Steven Y. Bressler Filing fee: $ 125, receipt number AMADC-11859724 by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts. (Attachments: # 1 Declaration)(Ouellette, Sean) (Entered: 07/01/2026) 1 Declaration View on RECAP	RECAP
5	July 2, 2026	ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jessica D. Hedges. (SP) (Entered: 07/02/2026)	RECAP
6	July 2, 2026	Summons Issued as to Joseph B. Edlow, Markwayne Mullin, U.S. Department of Homeland Security, United States Citizenship and Immigration Services. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (NMC) (Entered: 07/02/2026)	RECAP
7	July 2, 2026	Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING 2 Motion for Leave to Appear Pro Hac Vice Added Brian Netter. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (NMC) (Entered: 07/02/2026)	RECAP
8	July 2, 2026	Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING 3 Motion for Leave to Appear Pro Hac Vice Added Jennie L. Kneedler. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (NMC) (Entered: 07/02/2026)	RECAP
9	July 2, 2026	Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING 4 Motion for Leave to Appear Pro Hac Vice Added Steven Y. Bressler. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (NMC) (Entered: 07/02/2026)	RECAP
10	July 2, 2026	MOTION for Leave to File Excess Pages in Support of Motion for § 705 Stay of Agency Action by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts. (Attachments: # 1 Text of Proposed Order)(Ouellette, Sean) (Entered: 07/02/2026) 1 Text of Proposed Order View on RECAP	RECAP
11	July 2, 2026	MOTION to Stay Agency Action under 5 U.S.C. § 705 by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts. (Attachments: # 1 Text of Proposed Order)(Ouellette, Sean) (Entered: 07/02/2026)	RECAP
12	July 2, 2026	MEMORANDUM in Support re 11 MOTION to Stay Agency Action under 5 U.S.C. § 705 filed by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts. (Attachments: # 1 Exhibit 1 (Palma Declaration), # 2 Exhibit 2 (Martin Declaration), # 3 Exhibit 3 (Locke Declaration), # 4 Exhibit 4 (Medina Declaration), # 5 Exhibit 5 (Reddy Declaration))(Ouellette, Sean) (Entered: 07/02/2026) 1 Exhibit 1 (Palma Declaration) View on PACER 2 Exhibit 2 (Martin Declaration) View on PACER 3 Exhibit 3 (Locke Declaration) View on PACER 4 Exhibit 4 (Medina Declaration) View on PACER 5 Exhibit 5 (Reddy Declaration) View on PACER	RECAP
	July 2, 2026	Order on Motion for Leave to Appear
	July 2, 2026	Notice of Case Assignment
13	July 6, 2026	Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING 10 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (NMC) (Entered: 07/06/2026)	RECAP
14	July 6, 2026	SUMMONS Returned Executed as to US Attorney by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Venezuelan Association of Massachusetts, Service Employees International Union Local 32BJ. All Defendants. (Ouellette, Sean) (Entered: 07/06/2026)	RECAP
15	July 6, 2026	MEMORANDUM in Support re 11 MOTION to Stay Agency Action under 5 U.S.C. § 705 filed by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts. (Ouellette, Sean) (Entered: 07/06/2026)	RECAP
	July 6, 2026	Order on Motion for Leave to File Excess Pages
16	July 7, 2026	SUMMONS Returned Executed by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Venezuelan Association of Massachusetts, Service Employees International Union Local 32BJ. (Ouellette, Sean) (Entered: 07/07/2026)	RECAP
17	July 7, 2026	SUMMONS Returned Executed Joseph B. Edlow served on 7/6/2026, answer due 7/27/2026. (Ouellette, Sean) (Entered: 07/07/2026)	RECAP
18	July 7, 2026	AFFIDAVIT OF SERVICE Executed by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Venezuelan Association of Massachusetts, Service Employees International Union Local 32BJ. United States Citizenship and Immigration Services served on 7/6/2026, answer due 7/27/2026. Acknowledgement filed by Asylum Seeker Advocacy Project; National TPS Alliance; Service Employees International Union AFL-CIO; Venezuelan Association of Massachusetts; Service Employees International Union Local 32BJ. (Ouellette, Sean) (Entered: 07/07/2026)	RECAP
19	July 7, 2026	AFFIDAVIT OF SERVICE Executed by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Venezuelan Association of Massachusetts, Service Employees International Union Local 32BJ. Markwayne Mullin served on 7/6/2026, answer due 7/27/2026. Acknowledgement filed by Asylum Seeker Advocacy Project; National TPS Alliance; Service Employees International Union AFL-CIO; Venezuelan Association of Massachusetts; Service Employees International Union Local 32BJ. (Ouellette, Sean) (Entered: 07/07/2026)	RECAP
20	July 7, 2026	AFFIDAVIT OF SERVICE Executed by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Venezuelan Association of Massachusetts, Service Employees International Union Local 32BJ. U.S. Department of Homeland Security served on 7/6/2026, answer due 7/27/2026. Acknowledgement filed by Asylum Seeker Advocacy Project; National TPS Alliance; Service Employees International Union AFL-CIO; Venezuelan Association of Massachusetts; Service Employees International Union Local 32BJ. (Ouellette, Sean) (Entered: 07/07/2026)	RECAP
21	July 9, 2026	SUMMONS Returned Executed as to US Attorney by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Venezuelan Association of Massachusetts, Service Employees International Union Local 32BJ. All Defendants. (Kneedler, Jennie) (Entered: 07/09/2026)	RECAP
22	July 9, 2026	MOTION for Leave to Appear Pro Hac Vice for admission of Marcela X. Johnson Filing fee: $ 125, receipt number AMADC-11876089 by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts.(Ouellette, Sean) (Entered: 07/09/2026)	RECAP
23	July 9, 2026	MOTION for Leave to Appear Pro Hac Vice for admission of Conchita Cruz Filing fee: $ 125, receipt number AMADC-11876104 by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts.(Ouellette, Sean) (Entered: 07/09/2026)	RECAP
24	July 10, 2026	Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING 22 Motion for Leave to Appear Pro Hac Vice Added Marcela X. Johnson. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (NMC) (Entered: 07/10/2026)	RECAP
25	July 10, 2026	Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING 23 Motion for Leave to Appear Pro Hac Vice Added Conchita Cruz. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (NMC) (Entered: 07/10/2026)	RECAP
26	July 10, 2026	NOTICE of Appearance by Marcela X. Johnson on behalf of Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts (Johnson, Marcela) (Entered: 07/10/2026)	RECAP
	July 10, 2026	Order on Motion for Leave to Appear
27	July 13, 2026	MOTION for Leave to Appear Pro Hac Vice for admission of Jessica Karp Bansal Filing fee: $ 125, receipt number AMADC-11882663 by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts.(Ouellette, Sean) (Entered: 07/13/2026)	RECAP
28	July 13, 2026	Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING 27 Motion for Leave to Appear Pro Hac Vice Added Jessica Karp. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (NMC) (Entered: 07/13/2026)	RECAP
29	July 13, 2026	NOTICE by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts re 11 MOTION to Stay Agency Action under 5 U.S.C. § 705 Notice of Supplemental Exhibit (Attachments: # 1 Affidavit First Supplemental Declaration of Swapna Reddy, # 2 Exhibit Exhibit A to Declaration, # 3 Exhibit Exhibit B to Declaration)(Kneedler, Jennie) (Entered: 07/13/2026) 1 Affidavit First Supplemental Declaration of Swapna Reddy View on PACER 2 Exhibit Exhibit A to Declaration View on PACER 3 Exhibit Exhibit B to Declaration View on PACER	RECAP
30	July 13, 2026	REDACTION to 29 Notice (Other), byAsylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts. (Attachments: # 1 Exhibit Redacted Document)(Kneedler, Jennie) (Entered: 07/13/2026) 1 Exhibit Redacted Document View on PACER	RECAP
	July 13, 2026	Order on Motion for Leave to Appear
31	July 14, 2026	ELECTRONIC NOTICE Setting Hearing on Motion 11 MOTION to Stay Agency Action under 5 U.S.C. § 705 : Motion Hearing set for 7/30/2026 03:00 PM in Courtroom 4 (In person only) before Judge Nathaniel M. Gorton. (CML) (Entered: 07/14/2026)	RECAP
32	July 14, 2026	NOTICE re 31 Notice of Hearing on Motion. Plaintiffs are directed to provide notice of this hearing to Defendants. (CML) (Entered: 07/14/2026)	RECAP
33	July 14, 2026	AFFIDAVIT of service by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts. (Ouellette, Sean) (Entered: 07/14/2026)	RECAP
34	July 14, 2026	AFFIDAVIT of service by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts. (Ouellette, Sean) (Entered: 07/14/2026)	RECAP
35	July 14, 2026	AFFIDAVIT of service by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts. (Ouellette, Sean) (Entered: 07/14/2026)	RECAP
36	July 14, 2026	AFFIDAVIT of service by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts. (Ouellette, Sean) (Entered: 07/14/2026)	RECAP
37	July 14, 2026	AFFIDAVIT of service by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts. (Ouellette, Sean) (Entered: 07/14/2026)	RECAP
38	July 14, 2026	AFFIDAVIT of service by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts. (Ouellette, Sean) (Entered: 07/14/2026)	RECAP
	July 14, 2026	Notice - Other
	July 14, 2026	Notice Setting or Resetting Hearing on Motion
39	July 15, 2026	NOTICE of Appearance by Jessica Bansal on behalf of Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts (Bansal, Jessica) (Entered: 07/15/2026)	RECAP
40	July 15, 2026	NOTICE of Appearance by Nicole M. O'Connor on behalf of Joseph B. Edlow, Markwayne Mullin, U.S. Department of Homeland Security, United States Citizenship and Immigration Services (O'Connor, Nicole) (Entered: 07/15/2026)	RECAP
41	July 15, 2026	MOTION for Extension of Time to July 21, 2026 to Respond to Plaintiffs' Motion for Stay of Agency Action by Joseph B. Edlow, Markwayne Mullin, U.S. Department of Homeland Security, United States Citizenship and Immigration Services.(O'Connor, Nicole) Modified on 7/16/2026 (NMC). (Entered: 07/15/2026)	RECAP
42	July 15, 2026	Emergency MOTION to Stay Emergency Motion for an Administrative Stay or in the Alternative a Stay Pending Appeal by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts. (Attachments: # 1 Proposed Order)(Kneedler, Jennie) (Entered: 07/15/2026) 1 Proposed Order View on PACER	RECAP
43	July 15, 2026	MEMORANDUM in Support re 42 Emergency MOTION to Stay Emergency Motion for an Administrative Stay or in the Alternative a Stay Pending Appeal filed by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts. (Kneedler, Jennie) (Entered: 07/15/2026)	RECAP
44	July 16, 2026	Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING 41 Motion for Extension of Time to File Response/Reply re 11 MOTION to Stay Agency Action under 5 U.S.C. § 705. Responses due by 7/21/2026. (NMC) (Entered: 07/16/2026)	RECAP
45	July 16, 2026	Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered. The government shall file its opposition, if any, to plaintiffs' motion (Docket No. 42 ) not later than 9:00 A.M. on Monday, July 20, 2026. The Court will enter its ruling on the motion not later than noon on Tuesday, July 21, 2026. (NMC) (Entered: 07/16/2026)	RECAP
	July 16, 2026	Order on Motion for Extension of Time to File Response/Reply
	July 16, 2026	Order
46	July 20, 2026	Opposition re 42 Emergency MOTION to Stay Emergency Motion for an Administrative Stay or in the Alternative a Stay Pending Appeal filed by Joseph B. Edlow, Markwayne Mullin, U.S. Department of Homeland Security, United States Citizenship and Immigration Services. (O'Connor, Nicole) (Entered: 07/20/2026)	RECAP
47	July 21, 2026	Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER, granting, in part, and denying, in part, 42 Emergency MOTION to Stay Emergency Motion for an Administrative Stay or in the Alternative a Stay Pending Appeal filed by Service Employees International Union AFL-CIO, National TPS Alliance, Venezuelan Association of Massachusetts, Service Employees International Union Local 32BJ, Asylum Seeker Advocacy Project.(CML)	Clearinghouse
48	July 21, 2026	Opposition re 11 MOTION to Stay Agency Action under 5 U.S.C. § 705 filed by Joseph B. Edlow, Markwayne Mullin, U.S. Department of Homeland Security, United States Citizenship and Immigration Services. (Attachments: # 1 Exhibit Fee Payment Summary)(O'Connor, Nicole) (Entered: 07/21/2026) 1 View on RECAP	RECAP
49	July 24, 2026	MOTION for Leave to File Reply Brief by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts. (Attachments: # 1 Proposed Reply Memorandum, # 2 Text of Proposed Order)(Kneedler, Jennie) (Entered: 07/24/2026)	RECAP
50	July 27, 2026	Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 49 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (CML) (Entered: 07/27/2026)	RECAP
51	July 27, 2026	REPLY to Response to 11 MOTION to Stay Agency Action under 5 U.S.C. § 705 filed by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts. (Kneedler, Jennie) (Entered: 07/27/2026)	RECAP
	July 27, 2026	Order on Motion for Leave to File Document
52	July 30, 2026	Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Motion Hearing held on 7/30/2026 re 11 MOTION to Stay Agency Action under 5 U.S.C. § 705 filed by Service Employees International Union AFL-CIO, National TPS Alliance, Venezuelan Association of Massachusetts, Service Employees International Union Local 32BJ, Asylum Seeker Advocacy Project. Court hears arguments of counsel and takes the matter under advisement. (Court Reporter: Kristin Kelley at kmob929@gmail.com.)(Attorneys present: Hanson, Kneedler, Ouellette, O'Connor) (CML) (Entered: 07/30/2026)	RECAP
	July 30, 2026	Motion Hearing
53	Aug. 5, 2026	Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER. For the forgoing reasons, the motion of plaintiffs to stay agency action under 5 U.S.C. § 705 (Docket No. 11 ) is, with respect to the implementation of consequences for failure to pay the Annual Asylum Fee, ALLOWED. The Court hereby stays the implementation of that policy until the Court issues a final ruling on the merits of the case. With respect to all other challenged policies, the motion is DENIED. So Ordered. (NMC) (Entered: 08/05/2026)	Clearinghouse
54	Aug. 6, 2026	NOTICE OF APPEAL as to 53 Memorandum & ORDER,, by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts. Filing fee: $ 605, receipt number AMADC-11941174 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 8/26/2026. (Kneedler, Jennie) (Entered: 08/06/2026)	RECAP
55	Aug. 6, 2026	Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 54 Notice of Appeal. (NMC) (Entered: 08/06/2026)	RECAP
56	Aug. 6, 2026	USCA Case Number 26-1893 for 54 Notice of Appeal filed by Service Employees International Union AFL-CIO, National TPS Alliance, Venezuelan Association of Massachusetts, Service Employees International Union Local 32BJ, Asylum Seeker Advocacy Project. (NMC) (Entered: 08/06/2026)	RECAP
57	Aug. 6, 2026	Transcript of Motion Hearing held on July 30, 2026, before Judge Nathaniel M. Gorton. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kristin Kelley at kmob929@gmail.com. Redaction Request due 8/27/2026. Redacted Transcript Deadline set for 9/8/2026. Release of Transcript Restriction set for 11/4/2026. (DRK) (Entered: 08/06/2026)	RECAP
58	Aug. 6, 2026	NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm (DRK) (Entered: 08/06/2026)	RECAP
	Aug. 6, 2026	USCA Case Number
	Aug. 6, 2026	Notice of Filing of Official Transcript
59	Aug. 7, 2026	Emergency MOTION to Stay re 53 Memorandum & ORDER,, Emergency Motion for a Stay Pending Appeal, or in the Alternative to Extend Administrative Stay by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts. (Attachments: # 1 Text of Proposed Order)(Kneedler, Jennie) (Entered: 08/07/2026) 1 Text of Proposed Order View on RECAP	RECAP
60	Aug. 7, 2026	MEMORANDUM in Support re 59 Emergency MOTION to Stay re 53 Memorandum & ORDER,, Emergency Motion for a Stay Pending Appeal, or in the Alternative to Extend Administrative Stay filed by Asylum Seeker Advocacy Project, National TPS Alliance, Service Employees International Union AFL-CIO, Service Employees International Union Local 32BJ, Venezuelan Association of Massachusetts. (Kneedler, Jennie) (Entered: 08/07/2026)	RECAP
61	Aug. 10, 2026	Judge Nathaniel M. Gorton: ORDER entered re 59 Emergency MOTION to Stay re 53 Memorandum & ORDER,, Emergency Motion for a Stay Pending Appeal, or in the Alternative to Extend Administrative Stay. Motion DENIED. (NMC) (Entered: 08/10/2026)	RECAP

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Case Details

State / Territory:

Massachusetts

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Immigration Enforcement

Key Dates

Filing Date: July 1, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Five organizational plaintiffs—the Venezuelan Association of Massachusetts (VAM), the National TPS Alliance (NTPSA), the Asylum Seeker Advocacy Project (ASAP), Service Employees International Union AFL-CIO (SEIU), and Service Employees International Union Local 32BJ (32BJ SEIU)

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Citizenship and Immigration Services (USCIS)

U.S. Department of Homeland Security (DHS)

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process

Other Dockets:

District of Massachusetts 1:26-cv-13038

U.S. Court of Appeals for the First Circuit 26-1893

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Stay of government action

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Asylum - procedure

Temporary protected status

Work authorization - procedures

Recommended Citation

Case Summary of Venezuelan Association of Massachusetts v. United States Citizenship and Immigration Services, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48341/ (last updated 8/20/2026).