The Latest: Supreme Court blocks census citizenship question

Litigation Reports

The Supreme Court is forbidding President Donald Trump’s administration from adding a citizenship question to the 2020 census for now. The court says the Trump administration’s explanation for wanting to add the question was “more of a distraction” than an explanation.

It’s unclear whether the administration would have time to provide a fuller account. Census forms are supposed to be printed beginning next week.

The court ruled 5-4 on Thursday, with Chief Justice John Roberts joining the four liberals in the relevant part of the outcome.

A lower court found the administration violated federal law in the way it tried to add a question broadly asking about citizenship for the first time since 1950.

The Census Bureau’s own experts have predicted that millions of Hispanics and immigrants would go uncounted if the census asked everyone if he or she is an American citizen.

The Supreme Court says federal courts have no role to play in policing political districts drawn for partisan gain. The decision could embolden political line-drawing for partisan gain when state lawmakers undertake the next round of redistricting following the 2020 census.

The justices said by a 5-4 vote Thursday that claims of partisan gerrymandering do not belong in federal court. The court’s conservative, Republican-appointed majority says that voters and elected officials should be the arbiters of what is a political dispute.

The court rejected challenges to Republican-drawn congressional districts in North Carolina and a Democratic district in Maryland.

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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.