East Bay III Is Nearly Put To Bed -- Awaiting Final New Biden Administration Rules, On Fees For Entry...

In August of 2020, Tangerine unlawfully sky-rocketed the so-called USCIS fees, for applying to enter the country -- but only for entrants from the Mexico border. It was an attempt to tax only brown skinned potential entrants. . . essentially. . . out of existence.

The courts quickly enjoined that obviously discriminatory abuse of treaty obligations. Now, about a year later (and having held a national election), the government is rescinding the rule Tangerine attempted. But since no one is paying these fees, there are more pressing matters to address in the Biden Administration. The federal litigation will end, as a complete vindication of the rule of law -- but the next "check-in date", for a judicial review of the new rules (to address the allocation of scarce resources issues) is now set as January 2022, thus:

. . .The Spring 2021 Unified Agenda (UA) entry for this rulemaking listed a November 2021 target date for a notice of proposed rulemaking (NPRM) that would rescind and replace the changes made by the August 3, 2020 rule at issue and establish new USCIS fees. At this time, the agency has not confirmed a target date for issuing the contemplated NPRM, but expects that when the Fall 2021 UA is published, it will contain an updated target date for the contemplated NPRM. . . .

For these reasons, the parties request that the Court continue to hold this case and all proceedings in abeyance. Furthermore, the parties request that they be permitted to file a joint status report by the earlier of January 14, 2022, or within two weeks of defendants either publishing in the Federal Register a notice of proposed rulemaking regarding a proposed new fee rule or advising plaintiffs that defendants have determined not to propose a new fee rule, indicating whether this case and all proceedings should continue to be held in abeyance or proposing a scheduling for continuing the litigation. . . .

Now you know -- onward to the upcoming NASA briefing over lunch on Mars "mining" successes. . . . grinning -- ever grinning.

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