Two major law firms urge judges to permanently block Trump’s executive orders
U.S. Law Review
Two major law firms asked separate judges Wednesday to permanently block President Donald Trump’s executive orders that were meant to punish them and harm their business operations.
The firms — Perkins Coie and WilmerHale — say the orders are unconstitutional assaults on the legal profession threaten their relationships with clients and retaliate against them based on their past legal representations or their association with particular attorneys whom Trump perceives as his adversaries.
Courts last month temporarily halted enforcement of key provisions of both orders, but the firms asked in court Wednesday for the edicts to be struck down in their entirety and for judges to issue rulings in their favor. Another firm, Jenner & Block, is scheduled to make similar arguments next week and a fourth, Susman Godfrey, is set to make its case next month.
“The entire executive order is retaliatory,” Dane Butswinkas, a lawyer who presented arguments on behalf of Perkins Coie, told a judge.
U.S. District Judge Beryl Howell did not immediately rule on the firm’s request, but she repeatedly expressed deep unease over the executive order, signaling that she was inclined to side with Perkins Coie.
She grilled a Justice Department lawyer over the government’s plans to suspend the security clearances of lawyers at the firm and asked him to respond to the suggestion that the blacklisting of disfavored law firms was similar to the “Red Scare” panic over communism decades ago. And she pressed him to explain why the Trump administration was forcing firms to disavow the use of diversity, equity and inclusion considerations in their hiring practices.
The spate of executive orders taking aim at some of the country’s most elite and prominent law firms are part of a wide-ranging retribution campaign by Trump designed to reshape civil society and extract concessions from powerful institutions. The actions have forced targeted entities, whether law firms or universities, to decide whether to push back and risk further incurring the administration’s ire or to agree to concessions in hopes of averting sanctions. Some firms have challenged the orders in court, but others have proactively reached settlements.
The executive actions have generally imposed the same sanctions against the law firms, including ordering that security clearances of attorneys be suspended, that federal contracts be terminated and that lawyers be barred from accessing federal buildings.
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USCIS Adjusting Premium Processing Fee
U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.
The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.
“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”
Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.