Appeals court: Illinois counties must end ICE contracts

National News

A federal appeals court has ruled two counties that hold immigrant detainees at local jails must terminate contracts with federal authorities starting Thursday.

Leaders in Kankakee and McHenry counties sued over an Illinois law aimed at ending immigration detention in the state by Jan. 1 and lost. But they were allowed to delay while on appeal.

In the ruling, the 7th U.S. Circuit Court of Appeals said the counties hadn’t made their case.

“We conclude that the counties have not made a ‘strong showing’ that they are likely to succeed on the merits,” the three-judge panel concluded.

Roughly 100 detainees remain at the jails. Winding down the contracts is expected to take a few weeks.

The Illinois law has been celebrated by immigrant rights activists who say detaining people awaiting immigration hearings is inhumane and costly. They’re pushing to release detainees instead of transferring them elsewhere.

Last year, downstate Pulaski County cleared its jail of immigrant detainees. Court records show 15 were released. Dozens of others were transferred to Kansas and the two Illinois facilities.

Officials in McHenry and Kankakee counties, who didn’t return messages Thursday, have previously said they’d continue to appeal. They say the contracts are lucrative and argue that ending them simply transfers detainees further from their families.

U.S. Immigration and Customs Enforcement didn’t return a message Thursday.

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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.