A Supreme Court order issued a day before the deadline temporarily stopped the Bureau of Immigration from collecting $25 fee under the new alien registration scheme and running after foreigners who did not register yesterday.
Although the six-page order did not stop the bureau from accepting voluntary registrants, it was ordered to cease from accepting the $25 fee, levy fines and subject foreigners to civil and criminal penalties from failure to register.
The court ruled in favor of plaintiff Bernadette Carreon, on behalf of herself and foreigners in Palau that are required by the new regulation to pay $25.
The class action suit seeks to halt the collection of fees and to require the government to repay the fees already collected from the foreigners.
Lawyer for Carreon , David Shipper sent out public announcement yesterday informing foreigners that they can voluntary register but should not pay the $25 based on the court order.
In the hearing on Tuesday, Shipper argued that a temporary halt is necessary because those that will nor register will be subjected to a fine $5 a day and jail time.
The order stated that under these grounds plaintiff presented “ sufficient showing of irreparable harm if the preliminary injunction is not granted.”
It also noted that the harm it will cause to the plaintiff if the preliminary injunction is not granted outweighs the injury it will cause the government.
The class action suit questions the legality of the alien registration scheme because it violates equal protection.
A hearing date will be scheduled for the motion for a permanent injunction and declare it null and void.
The new regulation requires foreigners to register every August. Sept 30 was supposed to be the last day of the registration
There are at least 6,000 foreigners in Palau.
The order also stated that it does not see the relation of the $25 fee to the government’s argument that the regulation is aimed at addressing “heightened security concerns and continued problems associated with the previous mishandling of Republic’s immigration policies.”
“The defendants are correct that the courts have recognized the broad power of the government to regulate immigration and set eligibility requirements from entering and remaining within its borders,”
However the order stated that the registration is not related to a legitimate government interest.
