DHS Proposes Massive Immigration Fee Hike For Deportation Delays

News Americas, NEW YORK, NY, Fri. May 8, 2026: The U.S. Department of Homeland Security, (DHS), is proposing a dramatic immigration fee hike for immigrants seeking to temporarily stop their deportation or removal from the United States.

Under a proposed federal rule published Thursday, U.S. Immigration and Customs Enforcement, (ICE), wants to raise the fee for Form I-246 – officially known as the Application for a Stay of Deportation or Removal – from $155 to $755, a nearly 387% increase.

The proposed rule would mark the first increase to the fee since 1989, according to DHS. Form I-246 is used by immigrants already under a final deportation or removal order who are requesting that ICE temporarily delay their physical removal from the U.S. for humanitarian or other compelling reasons.

FLASHBACK – One of dozens of immigrants detained by US Immigration and Customs Enforcement (ICE) agents inside the Federal Plaza courthouse in New York City on Thursday, June 26, following their legal proceedings. The arrests, which took place shortly after court appearances, have sparked criticism from immigrant rights advocates, who say courthouse enforcement undermines due process and deters community members from seeking legal protection. (Photo by Lokman Vural Elibol/Anadolu via Getty Images)

DHS said the fee hike is intended to recover the government’s full adjudication costs, including labor, fraud detection, background checks, administrative processing, and customer support. According to the proposal, ICE estimates it now costs approximately $755 to process each application.

The agency also linked the proposed increase to President Donald Trump’s Executive Order titled “Ending Taxpayer Subsidization of Open Borders,” arguing that taxpayers should not bear the cost of processing requests from immigrants already under final removal orders.

“Aliens seeking a stay of removal are subject to final orders of removal and are consequently present in the United States unlawfully,” DHS stated in the proposed rule.

The proposal could have significant implications for immigrant communities, including Caribbean nationals facing deportation proceedings, many of whom use Form I-246 to request temporary relief because of medical emergencies, family circumstances, or pending legal matters.

DHS acknowledged that the higher fee could discourage some immigrants from filing applications but said fee waivers would remain available for those unable to pay. The agency estimates the fee increase would generate roughly $2.25 million annually in additional transfers to the federal government.

Public comments on the proposed rule will remain open through July 6, 2026. To submit your comments online, go
to https://www.regulations.gov and insert ‘‘ICEB–2020–0005’’ in the ‘‘Search’’ box. Click on the ‘‘Comment’’ box and input your comments in the text box provided. When you are satisfied with your comments, follow the prompts, and then click ‘‘Submit Comment.’’