This archive report was first published on 2 November 2019.
On November 2, 2019, the U.S. Citizenship and Immigration Services (USCIS) faced a lawsuit in federal court over its new policy to stop application fee waivers for immigration benefits applicants who receive public benefits.
The Northwest Immigrants Rights Projects (NWIRP), an organization providing legal assistance to thousands of low-income immigrants each year, argued that the government's new rule would make it more difficult for low-income immigrants to show that they cannot afford application fees.
USCIS introduced a new rule set to take effect on December 2, 2019, allowing immigrants to apply for application waivers only if their income is 150% below the poverty level or if paying the fee would cause 'financial hardship.'
Currently, USCIS considers receipt of federal and state benefits, such as Medicaid and food stamps, as a factor when determining if an applicant qualifies for an application fee waiver. However, this will no longer be the case under the new rule.
According to the lawsuit, making it harder to get an application waiver will hurt many immigrants trying to legally work and live in the US, as well as those seeking to become US citizens.
“USCIS failed to make clear its rationale for the changes, offered shifting and illogical justifications, and relied on assertions that lack supporting data, contradict each other, or contradict the data before the agency,” the suit in the DC federal court stated.
Protect Democracy's counsel, Jessica Marsden, argued that the new rules set up a wealth test for citizenship by blocking those too poor to afford the application fees from applying. "The new rules essentially set up a wealth test for citizenship: If you’re too poor to afford to apply, you’re out of luck..We filed suit to prevent this administration from making it harder for those legal immigrants to become citizens,” she said.
