Today the US District Court for the Northern District of California enjoined DHS and USCIS from putting their new Fee rule into effect on October 2, 2020. The Court agreed with the plaintiffs that it was more likely than not that they would succeed plaintiffs their case showing that the acting Directors of DHS and USCIS lacked the authority to make new regulations or rules as they have never been confirmed by Congress.
The court made this a nationwide ruling – meaning that USCIS cannot put the new rule in place anywhere in the US. According to the Court because it was likely that they could show that the Acting Directors lacked the power, a nationwide injunction.
While the Government can still appeal to the Court of Appeals and/or the Supreme Court, at least for now, the new rule cannot go into effect.
Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.