Court Temporarily Pauses Penalties for Unpaid Asylum Fees

Since May 29, 2026, USCIS has had the power to reject a pending asylum application, deny or revoke the applicant's work permit, and begin removal proceedings if the Annual Asylum Fee was not paid within 30 days of notice. On July 21, 2026, a federal judge in Massachusetts temporarily blocked those consequences while a lawsuit challenging them proceeds.

Read this carefully: the judge did not cancel the fee. Collection of the Annual Asylum Fee continues. What was paused are the penalties for missing the deadline — rejection of the asylum application, termination of work authorization, and referral to removal. The court signalled it would rule on longer-term relief by early August 2026, so this protection could end at any time.

The safest course is to pay the fee on time anyway. Legal aid organizations that represent asylum seekers are advising people to check whether a payment is due and pay by the deadline rather than rely on the pause. Many applicants report never receiving the mailed notice, so check the USCIS payment portal yourself even if nothing has arrived.

Separately, the Board of Immigration Appeals ruled on July 24, 2026 that the annual fee does not apply to applications for withholding of removal or protection under the Convention Against Torture. If you paid or were billed for one of those, raise it with your representative.