US completes deportation of 8 men to South Sudan after weeks of legal wrangling
Legal Compliance
Eight men deported from the United States in May and held under guard for weeks at an American military base in the African nation of Djibouti while their legal challenges played out in court have now reached the Trump administration’s intended destination, war-torn South Sudan, a country the State Department advises against travel to due to “crime, kidnapping, and armed conflict.”
The immigrants from Cuba, Laos, Mexico, Myanmar, Vietnam and South Sudan arrived in South Sudan on Friday after a federal judge cleared the way for the Trump administration to relocate them in a case that had gone to the Supreme Court, which had permitted their removal from the U.S. Administration officials said the men had been convicted of violent crimes in the U.S.
“This was a win for the rule of law, safety and security of the American people,” said Homeland Security spokeswoman Tricia McLaughlin in a statement Saturday announcing the men’s arrival in South Sudan, a chaotic country in danger once more of collapsing into civil war.
The Supreme Court on Thursday cleared the way for the transfer of the men who had been put on a flight in May bound for South Sudan. That meant that the South Sudan transfer could be completed after the flight was detoured to a base in Djibouti, where they men were held in a converted shipping container. The flight was detoured after a federal judge found the administration had violated his order by failing to allow the men a chance to challenge the removal.
The court’s conservative majority had ruled in June that immigration officials could quickly deport people to third countries. The majority halted an order that had allowed immigrants to challenge any removals to countries outside their homeland where they could be in danger.
A flurry of court hearings on Independence Day resulted a temporary hold on the deportations while a judge evaluated a last-ditch appeal by the men’s before the judge decided he was powerless to halt their removals and that the person best positioned to rule on the request was a Boston judge whose rulings led to the initial halt of the administration’s effort to begin deportations to South Sudan.
By Friday evening, that judge had issued a brief ruling concluding the Supreme Court had tied his hands.
The men had final orders of removal, Immigration and Customs Enforcement officials have said. Authorities have reached agreements with other countries to house immigrants if authorities cannot quickly send them back to their homelands.
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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.
