Judge gauges if Indiana abortion ban defies religious rights

Litigation Reports

A top Indiana lawyer on Friday questioned the validity of a lawsuit brought by a group of residents who argue that the state’s abortion ban violates their religious freedoms.

A judge heard arguments Friday for about an hour in an Indianapolis courtroom, spurred by claims from five anonymous residents — who hold Jewish, Muslim and spiritual faiths — and the group Hoosier Jews for Choice. They argue the ban — which is currently blocked due to a separate lawsuit — violates their religious rights regarding when they believe abortion is acceptable.

The lawsuit says the ban violates the Jewish teaching that “a fetus attains the status of a living person only at birth” and that “Jewish law stresses the necessity of protecting the life and physical and mental health of the mother prior to birth.” It also cites theological teachings allowing abortion in at least some circumstances by Islamic, Episcopal, Unitarian Universalist and pagan faiths.

“The state simply cannot decree what is religious and what is secular,” Ken Falk, the American Civil Liberties Union of Indiana’s legal director, said Friday.

Filed in Marion County court, the religious freedom lawsuit is the second of two challenges against the ban filed by the ACLU. It cites a state law that then-Gov. Mike Pence signed in 2015 to prohibit any laws that “substantially burden” a person’s ability to follow their religious beliefs. Critics have decried the Republican-backed measure as a thinly disguised attempt to permit discrimination against gay people.

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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.