The Latest: Court likely to apply excess-fine ban to states
National Court News
The Supreme Court seems very likely to rule that the Constitution's ban on excessive fines applies to the states. The outcome could help an Indiana man recover the $40,000 Land Rover police seized when they arrested him for selling about $400 worth of heroin.
The court has formally held that most of the Bill of Rights applies to states as well as the federal government. But it has not done so on the Eighth Amendment's excessive-fines ban.
Justice Neil Gorsuch (GOR'-suhch) was incredulous that Indiana Solicitor General Thomas Fisher was urging the justices to rule that states should not be held to the same standard. Gorsuch said Wednesday, "Come on, general."
Justice Stephen Breyer said under Fisher's reading police could seize a quarter-million-dollar Bugatti sports car if its driver is caught going 5 miles per hour (8 kilometers per hour) over the speed limit.
The Supreme Court is taking up the case of an Indiana man who says the Constitution should have barred local authorities from seizing his $40,000 Land Rover after his arrest for selling less than $400 in heroin to undercover officers.
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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.