Federal judge blocks fee increases for proceedings to deport immigrants News
Federal judge blocks fee increases for proceedings to deport immigrants

A judge for the US District Court for the District of Columbia on Monday blocked implementation of most of a rule that would have dramatically increased the fees for immigration proceedings in which individuals face deportation.

The Executive Office for Immigration Review (EOIR) is the agency that conducts immigration proceedings, and it charges fees for motions, applications and appeals. These fees had not been raised since 1986, and ranged from $100 to $110. Last February EOIR issued a Notice of Proposed Rulemaking to increase the fees, under which some would triple in cost, while others would rise six or seven times their current value, with the highest fee increasing from $110 to $975.

Four immigrant community organizations filed a complaint in federal court against the fee increases and requested a stay or preliminary injunction against implementation of the increases while the case was pending. They argued that the rule changes violated the Administrative Procedure Act that requires courts to set aside agency rules or conclusions that are arbitrary or capricious.

The district court found that EOIR failed to adequately take into account the final rule’s impact on legal service providers like the plaintiffs. EOIR “largely disregarded” concerns expressed during the comment period that the fee increases would force immigrants into situations where they would have to choose between paying the fees or obtaining counsel. EOIR also “utterly failed to consider an important aspect of the problem … when it ignored the impact that the Final Rule would have on legal service providers and their capacity to provide representation.” The court stayed the effective date of the rule and preliminarily enjoined all but two of the fee increases, which were set to go into effect on Tuesday.