30 Sep 2020

Court Blocks USCIS Fee Hike

ILRC v. Wolf

"For the foregoing reasons, the Court GRANTS Plaintiffs’ motion for a preliminary injunction and a stay of the effective date of the Final Rule. Accordingly,
1. Pursuant to 5 U.S.C. section 705 the Court STAYS implementation and the effective date of of USCIS Immigration Fee Schedule and Changes to Certain Other Immigration
Benefit Request Requirements, 85 Fed. Reg. 46,788 (Aug. 3, 2020) (the “Final Rule”) in its entirety pending final adjudication of this matter.
2. Pursuant to Federal Rule of Civil Procedure 65, Defendants Wolf, in his official capacity under the title of Acting Secretary of DHS; Cuccinelli, in his official capacity under the
title of Senior Official Performing the Duties of the Deputy Secretary of DHS; DHS; and USCIS, and all persons acting under their direction, ARE ENJOINED from implementing or enforcing the Final Rule or any portion thereof.
3. This preliminary injunction and stay shall take effect immediately and shall remain in effect pending trial in this action or further of this Court."