- The Acting DHS Secretary (Chad Wolf) promulgating the new rule likely lacked authority to issue the rule because he was not lawfully serving in the role under the Homeland Security Act (HSA) and the Federal Vacancies Reform Act (FVRA).
- The DHS rule likely violates some procedural and substantive requirements under the Administrative Procedures Act (APA).
Notably, this is only a temporary stay in effect while the larger case surrounding the validity of the fee rule is litigated. For now, the current fee schedules will remain in effect, and no fees will change on October 2, 2020.