Indian trust mismanagement case goes to trial

National News

The US District Court for the District of Columbia began hearings Monday in Cobell v. Kempthorne, a class-action suit brought in 1996 alleging US government mismanagement of trust funds for a group of some 500,000 Native Americans and their heirs. Judge James Robertson will decide how much the government owes the class members for land-use violation penalties and royalties that plaintiffs say the US Department of the Interior (DOI) has not paid since 1887. In March 2007, the plaintiffs rejected a $7 billion settlement proposal from the US government, and have since asserted that the DOI owes them $58 billion. In January, Robertson ruled that the DOI "unreasonably delayed" the accounting of billions of dollars of American Indian money, holding that it was impossible for the DOI or for Congress to remedy the breach.

In July 2005, Judge Royce Lamberth ruled, that the DOI must apologize to the plaintiffs for its handling of the trust, and must admit that information being provided to them regarding outstanding lost royalties on earnings from Indian land may be unreliable. Lamberth also held two former Secretaries of the Interior, Gale Norton and Bruce Babbitt, in contempt and forced the department to protect Indian files by disconnecting its computers from the Internet. In 2006, the US Court of Appeals for the District of Columbia Circuit removed Lamberth for alleged lack of objectivitgy and reassigned the case to Robertson.

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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.

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