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OK, so here’s my summary of a new case that’s pretty important. USCIS, as part of their strategy to close down immigration to the US, has published a new fee list with massive increases in a variety of categories. This case is trying to stop it from taking effect in October. 1
The case is Immigrant Legal Resource Center v. Chad Wolf (I’ll be calling it ILRC v Wolf) and it’s filed in the US District Court for the Northern District of California in San Francisco. It was prepared by lawyers at Sidley Austin and by Jesse Bless at @ailanational. 2
@AILANational The complaint starts by noting some of the stark changes. Becoming a US citizen goes from $0 to $1170 for low income applicants. Asylum applicants are charged for the first time ($630). And it gives ICE a 21% budget increase at the expense of low-income applicants. 3
@AILANational The rule is unlawful because it was proposed by Kevin McAleenan & issued under Wolf, both of whom are acting without statutory authority. The rule is therefore void under the Homeland Security Act, the Federal Vacancies Reform Act and the Appointments Clause. Yes!! 4
@AILANational The rule doesn’t provide any cogent explanation for the dramatic change in the finances of USCIS and it doesn’t disclose the data underlying its skyrocketing costs or explain the massive budget shortfall given the recent history of surpluses and substantial cash reserves. 5
@AILANational No explanation is provided for doing away with the “ability to pay” model. 6
@AILANational This is part of the Administration’s goal of reducing immigration and naturalization for low-income applicants and deterring asylum seekers. 7
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