Nationwide injunction ordered blocking USCIS fee rule

A federal judge in California issued a nationwide injunction Tuesday, blocking U.S. Citizenship and Immigration Services (USCIS) from implementing a rule to significantly increase immigration filing fees. The rule had been set to take effect Friday, Oct. 2.

Key Points:

• Judge Jeffrey White ruled that the plaintiffs in the case had shown they met all of the criteria for injunctive relief, including showing that they are likely to succeed on claims that two Acting DHS officials were improperly appointed and that the issuance of the rule violated the Administrative Procedure Act.
• Current filing fees will remain in effect until the injunction is lifted.

Background: USCIS published the final version of the rule in August. Later that month, the American Immigration Lawyers Association and several nonprofit organizations filed suit to block the regulation from taking effect. Judge White did not rule on the merits of the case, but issued the injunction to stop the rule from taking effect while litigation continues.

BAL Analysis: The fee rule will not take effect while the injunction is in place. BAL continues to follow the litigation and will alert clients to important developments.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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