New Immigration Enforcement Fees Implemented by U.S. Department of Homeland Security

Strategic Insights -

The U.S. Department of Homeland Security has announced the implementation of new immigration enforcement fees, as part of the One Big Beautiful Bill Act (HR-1) signed into law on July 4, 2025, by the President. The fees are designed to cover costs associated with immigration enforcement and will be levied against aliens who are ordered removed in absentia and subsequently arrested by U.S. Immigration and Customs Enforcement (ICE), as well as inadmissible aliens apprehended between ports of entry.

Key Takeaways:

  • The new immigration enforcement fees are set at $5,000 for Fiscal Year (FY) 2025 and will be subject to annual increases based on the Consumer Price Index for All Urban Consumers (CPI-U).
  • The fees will be imposed on aliens who are ordered removed in absentia and subsequently arrested by ICE, as well as inadmissible aliens apprehended between ports of entry.
  • The fees will be collected by the Department of Homeland Security (DHS) and distributed to the U.S. Treasury as mandated by statute.
  • Aliens who are subject to the fees will be individually notified by DHS and provided instructions on how to pay the fees, which will be considered "voluntary" payments.
  • The fees are not a penalty and will not impact U.S. compliance with Article 31(1) of the 1951 Refugee Convention, as incorporated by the 1967 Refugee Protocol.
  • The fees are not subject to waiver and will be imposed on all eligible aliens, with the exception of those who are ordered removed in absentia and subsequently have their order rescinded pursuant to section 240(b)(5)(C) of the Immigration and Nationality Act (INA).
  • The fees will be used to cover costs associated with immigration enforcement, including transportation, detention, and deportation costs.
  • The implementation of the immigration enforcement fees is effective on September 8, 2025, with the first fees to be collected on that date.

Statistics:

  • The new immigration enforcement fees are set at $5,000 for FY 2025.
  • The fees will be subject to annual increases based on the CPI-U.
  • Aliens who are subject to the fees will be individually notified by DHS and provided instructions on how to pay the fees.
  • The fees are not a penalty and will not impact U.S. compliance with Article 31(1) of the 1951 Refugee Convention.
  • The U.S. Treasury will receive the fees collected by DHS.
  • The fees will cover costs associated with immigration enforcement, including transportation, detention, and deportation costs.

Sources:

  • [1] One Big Beautiful Bill Act (HR-1)
  • [2] Public Law 119-21
  • [3] Immigration and Nationality Act (INA)
  • [4] Article 31(1) of the 1951 Refugee Convention
  • [5] Refugee Protocol
  • [6] Trump v. Hawaii, 585 U.S.C. 667, 683-84, 695 (2018)
  • [7] INS v. Stevic, 467 U.S. 407, 416 & n.9 (1984)
  • [8] Cazun v. U.S. Att'y Gen., 856 F.3d 249, 257 n. 16 (3d Cir. 2017)
  • [9] Federal Register (FR Doc. 2025-17221 Filed 9-5-25; 8:45 am)