[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
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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