JFCS Statement on the preliminary injunction in ILRC et al., v. Wolf, et al., September 30, 2020
On September 29, 2020 a U.S. District Court Judge in the Northern District of California issued a nationwide injunction that temporarily halts the implementation of USCIS’ final fee rule.
The final fee rule would have taken effect on October 2, 2020 and included an overall increase in filing fees, limits to the types of applicants that could apply for fee waivers and required asylum applicants to pay a fee for the first time in U.S. history.
Why is the injunction important?
The fee rule would have excluded many low-income immigrants and refugees from applying for naturalization, renewing their green cards and applying for asylum. With a filing fee of $1160 for Naturalization, it would essentially amount to a wealth test to become a citizen in this country.
What’s next?
Now the implementation of the fee rule is on hold while the case makes its way through the court system. The outcome of the court case will determine if the fee rule is halted permanently, if the USCIS needs to make some adjustments to the fee rule or if it goes into effect as written.
In the meantime, we encourage everyone who is eligible to naturalize (especially if requiring a fee waiver) sooner rather than later. We encourage anyone who needs a fee waiver to do any application to file as soon as you are eligible. If you have questions specifically about your situation, you can reach the JFCS Immigration Legal Services department at 412-904-5966 or do an online intake using this form.
Learn more about the original fee increase and other changes here.