ACLU to appeal court ruling in Missouri drug testing case
Legal Solutions
The American Civil Liberties Union said it plans to appeal a federal court ruling that upheld a technical college’s plan to force every incoming student to be tested for drugs.
Tony Rothert, legal director for the ACLU’s Missouri chapter, told the Jefferson City News Tribune that the 8th U.S. Circuit Court of Appeals has given the organization until Jan. 4 to file a petition seeking a rehearing by either the same three-judge panel that issued the ruling earlier this month, or by all of the active 8th Circuit judges.
“We intend to request both,” Rothert said. “While rehearing is difficult to obtain, we are fortunate in this case to have a majority decision that is poorly crafted and departs from 8th Circuit and Supreme Court precedent.”
The ACLU filed the federal lawsuit in 2011 challenging a mandatory drug-testing policy Linn State Technical College’s Board of Regents approved in June of that year. The school since has changed its name to State Technical College of Missouri.
The lawsuit argued the policy violated the students’ Fourth Amendment right “to be secure . against unreasonable searches and seizures.”
When it started the program, the school said the testing policy was intended “to provide a safe, healthy and productive environment for everyone who learns and works at Linn State Technical College by detecting, preventing and deterring drug use and abuse among students.”
Under the policy, students had to pay a $50 fee for the drug test and could be blocked from attending if they refused to be tested.
U.S. District Judge Nanette Laughrey issued a ruling in September 2013 that limited the drug testing to five Linn State programs. But in its 2-1 vote earlier this month, the federal appeals court panel overturned her ruling as too narrow.
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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.