Oregon city stops jailing poor who can't pay court debts

U.S. Court News

The eastern Oregon city of Pendleton has stopped jailing people unable to pay fines, a city official said, following the settlement of a federal lawsuit contending city officials were running a debtors' prison.

The East Oregonian reports in a story on Saturday that city attorney Nancy Kerns said city court officials recently adopted new policies that ban the use of jail time for fines arising from minor violations.

"No person shall be incarcerated for the inability and lack of financial resources to pay financial obligations to the Court, including fines, costs and restitution," the policy states.

The policy also requires the city court to consider defendants' ability to pay and appoint attorneys to indigent defendants who face jail time.

Anglea Minthorn spent nearly two months in jail in 2017 for owing about $1,000.

She sued in early 2018, contending the city was violating the U.S. Constitution by incarcerating a debtor unable to pay the debt.

Minthorn's "experience is not unique," the lawsuit said. "It is a reflection of how defendants operate a modern-day debtors' prison in which people who cannot afford to pay court-imposed fines arising out of minor violations are arrested, incarcerated, and fined further."

The lawsuit described Minthorn as a low-income person with disabilities who struggled to get stable housing, medical care and food. The lawsuit said she was hospitalized for 74 days in 2016 because of stroke-like symptoms.

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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.