U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements
| Published date | 29 January 2021 |
| Citation | 86 FR 7493 |
| Record Number | 2021-02044 |
| Section | Rules and Regulations |
| Court | Homeland Security Department |
Federal Register, Volume 86 Issue 18 (Friday, January 29, 2021)
[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Rules and Regulations]
[Page 7493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02044]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Rules
and Regulations
[[Page 7493]]
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 103, 106, 204, 211, 212, 214, 216, 217, 223, 235, 236,
240, 244, 245, 245a, 248, 264, 274a, 286, 301, 319, 320, 322, 324,
334, 341, 343a, 343b, and 392
[CIS No. 2627-18; DHS Docket No. USCIS-2019-0010]
RIN 1615-AC18
U.S. Citizenship and Immigration Services Fee Schedule and
Changes to Certain Other Immigration Benefit Request Requirements
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notification of preliminary injunction.
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SUMMARY: U.S. Citizenship and Immigration Services (USCIS) is issuing
this document to inform the public of two preliminary injunctions
ordered by Federal district courts affecting the Department of Homeland
Security's (the Department, or DHS) final rule entitled ``U.S.
Citizenship and Immigration Services Fee Schedule and Changes to
Certain Other Immigration Benefit Request Requirements.''
DATES: The court orders were effective September 29, 2020 and October
8, 2020.
FOR FURTHER INFORMATION CONTACT: For technical questions only: Kika
Scott, Chief Financial Officer, U.S. Citizenship and Immigration
Services, Department of Homeland Security, 5900 Capital Gateway Drive,
Camp Springs, MD 20588-0009, telephone (240) 721-3000.
SUPPLEMENTARY INFORMATION: On August 3, 2020, the Department published
a final rule in the Federal Register at 85 FR 46788 entitled ``U.S.
Citizenship and Immigration Services Fee Schedule and Changes to
Certain Other Immigration Benefit Request Requirements'' (the ``Final
Rule''). The Final Rule was to be effective October 2, 2020.
On August 20, 2020, the Immigrant Legal Resource Center and other
plaintiffs filed a lawsuit in the U.S. District Court for the Northern
District of California, Immigration Legal Resource Center et al., v.
Wolf, et al., 20-cv-05883-JWS (``ILRC v. Wolf''), seeking a court order
to prohibit the Department from implementing or enforcing the Final
Rule. Plaintiffs subsequently filed a motion for a preliminary
injunction and stay of the effective date of the Final Rule.
On September 3, 2020, Northwest Immigrant Rights Project (NWIRP)
and other plaintiffs in Nw. Immigrant Rts. Project, et al., v. USCIS,
No. 19-cv-3283 (RDM) (``NWIRP v. USCIS''), filed a motion in the U.S.
District Court for the District of Columbia requesting postponement of
the effective date of the Final Rule, stay of any implementation or
enforcement of the Final Rule, and for a preliminary injunction against
implementation or enforcement of the Final Rule.
On September 29, 2020, the U.S. District Court for the Northern
District of California, in ILRC v. Wolf, preliminarily enjoined DHS
from implementing or enforcing any part of the Final Rule. See
Immigration Legal Resource Center et al., v. Wolf, et al., No. 20-cv-
05883-JWS, 2020 WL 5798269 (N.D. Cal. Sept. 29, 2020).
On October 8, 2020, the U.S. District Court for the District of
Columbia granted NWIRP's motion for a preliminary injunction. See NWIRP
v. USCIS, No. CV 19-3283 (RDM), 2020 WL 5995206 (D.D.C. Oct. 8, 2020).
The Department is complying with the terms of these orders and is
not enforcing the regulatory changes set out in the Final Rule. USCIS
will continue to accept the fees that were in place prior to October 2,
2020, and follow the guidance in place prior to October 2, 2020 to
adjudicate fee waiver requests as provided under the Adjudicator's
Field Manual (AFM) Chapters 10.9 and 10.10.
Any further guidance and updates regarding the subject litigation
will be posted on the USCIS website https://www.uscis.gov/news/news-releases/uscis-response-to-preliminary-injunction-of-fee-rule on an
ongoing basis.
Tracy L. Renaud,
Senior Official Performing the Duties of the Director.
[FR Doc. 2021-02044 Filed 1-28-21; 8:45 am]
BILLING CODE 9111-97-P
