Increasing the Fee for Certain Aliens Ordered Removed in Absentia as Established by the HR-1 Reconciliation Bill

Document type: Proposed Rule Publication date: 2026-05-20 Document number: 2026-10082

Abstract

DHS is proposing to update the fee required by section 100016 of the Budget Reconciliation Act (known as the HR-1). This fee applies to certain aliens ordered removed in absentia who fail to depart the United States and are subsequently arrested by ICE. DHS is proposing to increase the fee from $5,130 to $18,000. This rule also makes clear that DHS will adjust this fee for inflation each year.

Official sources

Why this matters for immigrants

Federal Register publications under the Immigration topic tag have binding legal effect on:

  • USCIS (immigration benefits, asylum, naturalization)
  • ICE (enforcement, removal, detention)
  • EOIR (immigration courts and the Board of Immigration Appeals)
  • CBP (border admissibility and inspection)

Final Rules (“Rule” document type) become binding law on the effective date stated in the document. Proposed Rules are not yet binding and may be modified or withdrawn after public comment. Always verify the most current version of any rule at federalregister.gov before relying on it for legal or filing decisions.

Last verified: 2026-05-27. General procedural information — not legal advice. Federal Register rules change frequently; always verify the current version at the source URL.

Recent fee, deadline, and contact context (2025-2026)

H.R.1 / OBBBA (One Big Beautiful Bill / Public Law 119-21) took effect 2026-05-29 and substantially changed USCIS fees. Asylum applications (Form I-589) now require a $100 filing fee and a $102 Annual Asylum Fee (AAF; $100 base, inflation-adjusted for 2026) — both non-waivable per 8 U.S.C. 1802 and 1808. Other major fee changes: I-102 (replacement I-94) increased by $24; in-absentia removal-order arrest fee $5,130 for 2026 (the $5,000 base plus the 2026 inflation adjustment) — a proposed rule (Federal Register 2026-10082, May 2026) would raise it to $18,000 but is not yet in effect; and initial TPS registration (Form I-821) raised from the old $50 cap to $500, now $510 for filings postmarked on or after January 1, 2026, non-waivable, plus $30 biometrics — H.R.1 amended INA § 244(c)(1)(B). Re-registration still has no I-821 fee, and TPS EAD validity is capped at 1 year.

Final Rules typically include a 30-day or 60-day delayed effective date from Federal Register publication. Proposed Rules receive a 60-day public comment period before potential finalization. Submit comments at regulations.gov referencing the rule’s docket number; comments become part of the rulemaking administrative record. The U.S. Department of Homeland Security (DHS), USCIS, ICE, and CBP each have their own Federal Register agency tag — search federalregister.gov for “Immigration” topic OR the specific agency.

Verify all USCIS form fees at the official Fee Schedule before filing: uscis.gov/g-1055 (Form G-1055). USCIS Contact Center: 1-800-375-5283 (TTY 1-800-767-1833) Monday-Friday 8:00am-8:00pm Eastern Time. ICE Detainee Locator System: locator.ice.gov/odls. EOIR immigration court hearings information: 1-800-898-7180 (case status) or justice.gov/eoir. The Department of State’s Visa Bulletin priority dates are published monthly around the 15th for the following month.