USCIS new fee rule temporarily enjoined halting fee increase

U.S. Citizenship and Immigration Services Deputy Director of Policy Joseph Edlow issued the following statement in response to the U.S. District Court for the Northern District of California issuing a nationwide preliminary injunction enjoining fee increases for citizenship and other immigration benefits.

“This unfortunate decision leaves USCIS underfunded by millions of dollars each business day the fee rule is enjoined. Unlike most government agencies, USCIS is fee funded. As required by federal law, USCIS conducted a comprehensive biennial fee review and determined that current fees do not recover the cost of providing adjudication and naturalization services. This is nothing new or abnormal. In fact, the fee rule is two years behind schedule, and is a smaller percentage increase than the previous. In a fee-funded agency such as USCIS, this increase is necessary to continue operations in any long-term, meaningful way to ensure cost recovery. This decision barring USCIS from enacting its mandatory fee increase is unprecedented and harmful to the American people.”

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