Case: Immigrant Legal Resource Center v. Wolf

4:20-cv-05883 | U.S. District Court for the Northern District of California

Filed Date: Aug. 20, 2020

Case Ongoing

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Case Summary

This case is about the legality of a rule change proposed by the Department of Homeland Security (DHS), and set to go into effect October 2, 2020. The Final Rule (specifically, the USCIS Fee Schedule & Changes to Certain Other Immigration Benefit Request Requirements, 85 Fed. Reg. 46,788) increased the cost of applying for immigration benefits, including naturalization and asylum. The plaintiffs, eight non-profit organizations that provide a variety of services for low-income applicants for imm…

This case is about the legality of a rule change proposed by the Department of Homeland Security (DHS), and set to go into effect October 2, 2020.

The Final Rule (specifically, the USCIS Fee Schedule & Changes to Certain Other Immigration Benefit Request Requirements, 85 Fed. Reg. 46,788) increased the cost of applying for immigration benefits, including naturalization and asylum. The plaintiffs, eight non-profit organizations that provide a variety of services for low-income applicants for immigration benefits, filed this lawsuit on August 20, 2020, in the U.S. District Court for the Northern District of California against the acting secretary of the DHS, the senior official performing the duties of deputy secretary of the DHS, and the United States Citizenship and Immigration Services (USCIS). The case was assigned to Judge Jefferey S. White.

Represented by the American Immigration Lawyers Association and private counsel, the plaintiffs sued under the Administrative Procedure Act (APA) 5 U.S.C. § 706. They sought injunction against the enforcement of the Final Rule, a stay against its enforcement, and declaratory relief. The plaintiffs asserted that the Final Rule was procedurally defective, contrary to law, and arbitrary and capricious under the Administrative Procedure Act (“APA”). The plaintiffs further asserted the Final Rule violated the Fifth Amendment’s Due Process Clause and the Fourteenth Amendment’s Equal Protection Clause by denying indigent people the right to access a statutory process for seeking immigration benefits. Finally, the plaintiffs alleged violations of the Homeland Security Act, the Federal Vacancies Reform Act of 1998, and the Appointments Clause of the United States Constitution. Specifically, they argued that the two individual defendants had assumed their positions without constitutional or statutory authority, so the rule was void.

In their complaint, the plaintiffs outlined the fee increases proposed by the Final Rule, and in particular, they highlighted the increase in price for asylum seekers: from $0 to $630. The rule, for the first time in U.S. history, would charge a non-waivable fee of $50 to apply for asylum plus $580 to obtain their first employment authorization for all asylum seekers. The USCIS and DHS’s budgets would increase by 21% as a result of these and other changes in the rule. By switching from ability-to-pay principles on which the plaintiff’s organizations relied to a beneficiary-pays principle, the plaintiffs contended the Final Rule would transform the purpose of the USCIS from “adjudicating immigration benefits to one that serves this Administration’s goals of reducing immigration and naturalization for low-income applicants and deterring asylum seekers.” 2020 WL 4930113.

On August 25, 2020, the plaintiffs filed a motion for a preliminary injunction.

The court granted the motion on September 29, 2020, reasoning that while “the Immigration and Nationality Act (“INA”) permits USCIS to impose a fee ‘for the consideration of an application for asylum [and] for employment authorization’ so long as the fees do not ‘exceed the Attorney General’s costs in adjudicating the applications,’ 8 U.S.C. § 1158(d), the plaintiffs’ claim that the Acting Secretary of DHS was not validly serving in office was likely to succeed. Moreover, the court held that the plaintiffs were likely to succeed on at least some of their APA claims. The court agreed with the plaintiffs’ allegation that “a more detailed justification” was required for the “significant departure” from the ability-to-pay principle to the beneficiary-pays principle. Because the defendants only looked at past data, and the U.S. had never charged a fee for asylum seekers before, the defendants failed to consider the effect of the decrease in ability to pay both on the plaintiffs’ organizations and the asylum seekers themselves. 2020 WL 5798269.

The court also held that the plaintiffs successfully established a likelihood of irreparable harm. The haste with which the plaintiffs filed their complaint after the rule change was proposed (within three weeks) supported their claim of urgency, and their showing of the need to significantly alter their programs to the detriment of the population they served supported a finding of irreparable harm. Finally, the court found that the public interest would be served both by not exposing vulnerable and low-income applicants to further danger and, in regard to the probable invalidity of the appointment, by avoiding an overreach of executive power. 2020 WL 5798269.

As the validity of the entire Final Rule was called into question by the court’s findings, the court held it “appropriate to stay the effective date of the Final Rule pending resolution of the merits in this case.” 2020 WL 5798269.

On November 30, 2020, the defendants appealed the preliminary injunction to the United States Court of Appeals for the Ninth Circuit (USCA 20-17339). Soon after, on December 31, the Ninth Circuit granted the defendant’s unopposed motion for voluntary dismissal of the appeal.

Abeyance:

On February 9, 2021, the court granted the defendant’s motion to hold the case in abeyance in order to allow the Secretary of Homeland Security time to review Executive Order 14,012, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” 86 Fed. Reg. 8,277.

On January 11, 2022, the court extended the stay, holding all proceedings in abeyance to allow the defendants to publish a notice of proposed rule-making regarding a proposed new fee rule or advise plaintiffs that they have determined not to propose a new fee rule. The court granted additional extensions of the stay (using the same reasoning) on August 1, 2022, December 5, 2022, February 8, 2023, February 14, 2024, and May 16, 2024.

On February 13, 2025, the court extended the stay to allow the parties to discuss a possible resolution of the case and required the parties to file a joint status report no later than August 13, 2025.

	Document
4:20-cv-05883	Docket [PACER]	Oct. 16, 2020	Oct. 16, 2020 Docket
1 4:20-cv-05883	Complaint for Injunctive Relief and Administrative Procedure Case	Aug. 20, 2020	Aug. 20, 2020 Complaint
98 4:20-cv-05883	Order Granting Plaintiffs' Motion for Preliminary Injunction and Request for Stay of Effective Date of Rule and Denying Request for Administrative Stay	Sept. 29, 2020	Sept. 29, 2020 Order/Opinion 491 F.Supp.3d 520
109 4:20-cv-05883	Order Regarding Mandate	Jan. 5, 2021	Jan. 5, 2021 Order/Opinion
113 4:20-cv-05883	Stipulated Request to Hold Case in Abeyance; Order	Feb. 10, 2021	Feb. 10, 2021 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT For Injunctive Relief and Administrative Procedure Case against All Defendants with jury demand ( Filing fee $ 400, receipt number 0971-14843547.). Filed by OneAmerica, Coalition for Humane Immigrant Rights, Asian Counseling and Referral Service, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Catholic Legal Immigration Network, Inc., Immigrant Legal Resource Center, International Rescue Committee. (Attachments: # 1 Civil Cover Sheet)(Stretch, Brian) (Filed on 8/20/2020) Modified on 8/24/2020 (jmlS, COURT STAFF). (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 Clearinghouse
1	COMPLAINT For Injunctive Relief and Administrative Procedure Case against All Defendants with jury demand ( Filing fee $ 400, receipt number 0971-14843547.). Filed by OneAmerica, Coalition for Humane Immigrant Rights, Asian Counseling and Referral Service, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Catholic Legal Immigration Network, Inc., Immigrant Legal Resource Center, International Rescue Committee. (Attachments: # 1 Civil Cover Sheet)(Stretch, Brian) (Filed on 8/20/2020) Modified on 8/24/2020 (jmlS, COURT STAFF). (Entered: 08/20/2020) 1 Civil Cover Sheet View on RECAP	Aug. 20, 2020	Aug. 20, 2020 RECAP
10	Corporate Disclosure Statement by Illinois Coalition for Immigrant and Refugee Rights and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
10	Corporate Disclosure Statement by Illinois Coalition for Immigrant and Refugee Rights and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
11	Corporate Disclosure Statement by International Rescue Committee and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
11	Corporate Disclosure Statement by International Rescue Committee and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
12	Corporate Disclosure Statement by OneAmerica and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
12	Corporate Disclosure Statement by OneAmerica and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
13	Corporate Disclosure Statement by Immigrant Legal Resource Center and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
13	Corporate Disclosure Statement by Immigrant Legal Resource Center and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
2	Proposed Summons. (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
2	Proposed Summons. (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
3	NOTICE of Appearance by Naomi Ariel Igra (Igra, Naomi) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
3	NOTICE of Appearance by Naomi Ariel Igra (Igra, Naomi) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
4	NOTICE of Appearance by Chelsea B. Davis (Davis, Chelsea) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
4	NOTICE of Appearance by Chelsea B. Davis (Davis, Chelsea) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
5	MOTION for leave to appear in Pro Hac Vice of Samina Bharmal ( Filing fee $ 310, receipt number 0971-14843684.) filed by Asian Counseling and Referral Service, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica. (Bharmal, Samina) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
5	MOTION for leave to appear in Pro Hac Vice of Samina Bharmal ( Filing fee $ 310, receipt number 0971-14843684.) filed by Asian Counseling and Referral Service, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica. (Bharmal, Samina) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
6	Corporate Disclosure Statement by Asian Counseling and Referral Service and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
6	Corporate Disclosure Statement by Asian Counseling and Referral Service and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
7	Corporate Disclosure Statement by Coalition for Humane Immigrant Rights and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
7	Corporate Disclosure Statement by Coalition for Humane Immigrant Rights and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
8	Corporate Disclosure Statement by Catholic Legal Immigration Network, Inc. and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
8	Corporate Disclosure Statement by Catholic Legal Immigration Network, Inc. and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
9	Corporate Disclosure Statement by East Bay Sanctuary Covenant and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
9	Corporate Disclosure Statement by East Bay Sanctuary Covenant and Certification of Interested Entities or Persons (Stretch, Brian) (Filed on 8/20/2020) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
14	Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/4/2020. (cv, COURT STAFF) (Filed on 8/21/2020) (Entered: 08/21/2020)	Aug. 21, 2020	Aug. 21, 2020 PACER
14	Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/4/2020. (cv, COURT STAFF) (Filed on 8/21/2020) (Entered: 08/21/2020)	Aug. 21, 2020	Aug. 21, 2020 PACER
15	ORDER by Magistrate Judge Donna M. Ryu granting 5 Samina M. Bharmal's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 8/21/2020) (Entered: 08/21/2020)	Aug. 21, 2020	Aug. 21, 2020 PACER
15	ORDER by Magistrate Judge Donna M. Ryu granting 5 Samina M. Bharmal's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 8/21/2020) (Entered: 08/21/2020)	Aug. 21, 2020	Aug. 21, 2020 PACER
	Electronic Filing Error	Aug. 21, 2020	Aug. 21, 2020 PACER
	Electronic filing error. A maximum of THREE summons will be issued. Please list all defendants on ONE summons or multiple defendants on THREE summons and re-file in its entirety. Re: 2 Proposed Summons filed by Illinois Coalition for Immigrant and Refugee Rights, East Bay Sanctuary Covenant, International Rescue Committee, Immigrant Legal Resource Center, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, OneAmerica, Asian Counseling and Referral Service (jmlS, COURT STAFF) (Filed on 8/21/2020)	Aug. 21, 2020	Aug. 21, 2020 PACER
	Electronic filing error. A maximum of THREE summons will be issued. Please list all defendants on ONE summons or multiple defendants on THREE summons and re-file in its entirety. Re: 2 Proposed Summons filed by Illinois Coalition for Immigrant and Refugee Rights, East Bay Sanctuary Covenant, International Rescue Committee, Immigrant Legal Resource Center, Catholic Legal Immigration Network, Inc., Coalition for Humane Immigrant Rights, OneAmerica, Asian Counseling and Referral Service (jmlS, COURT STAFF) (Filed on 8/21/2020)	Aug. 21, 2020	Aug. 21, 2020 PACER
	~Util - Case Assigned by Intake	Aug. 21, 2020	Aug. 21, 2020 PACER
16	MOTION for leave to appear in Pro Hac Vice Re: Jesse Bless (Filing fee $310, receipt number 0971-14850768) filed by East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica. (Bless, Jesse) (Filed on 8/24/2020) Modified on 8/25/2020 (cjlS, COURT STAFF). (Entered: 08/24/2020)	Aug. 24, 2020	Aug. 24, 2020 PACER
16	MOTION for leave to appear in Pro Hac Vice Re: Jesse Bless (Filing fee $310, receipt number 0971-14850768) filed by East Bay Sanctuary Covenant, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, International Rescue Committee, OneAmerica. (Bless, Jesse) (Filed on 8/24/2020) Modified on 8/25/2020 (cjlS, COURT STAFF). (Entered: 08/24/2020)	Aug. 24, 2020	Aug. 24, 2020 PACER
17	Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/25/2020. Initial Case Management Conference set for 12/2/2020 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 8/24/2020) (Entered: 08/24/2020)	Aug. 24, 2020	Aug. 24, 2020 PACER
17	Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/25/2020. Initial Case Management Conference set for 12/2/2020 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 8/24/2020) (Entered: 08/24/2020)	Aug. 24, 2020	Aug. 24, 2020 PACER
18	ORDER by Magistrate Judge Donna M. Ryu granting 16 Jesse Bless's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 8/24/2020) (Entered: 08/24/2020)	Aug. 24, 2020	Aug. 24, 2020 PACER
18	ORDER by Magistrate Judge Donna M. Ryu granting 16 Jesse Bless's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 8/24/2020) (Entered: 08/24/2020)	Aug. 24, 2020	Aug. 24, 2020 PACER

Case: Immigrant Legal Resource Center v. Wolf

4:20-cv-05883 | U.S. District Court for the Northern District of California

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