RAICES Bulletin: New DHS Rule on Asylum Fees
TL;DR The Board of Immigration Appeals (BIA) has ruled that Immigration Judges (IJ) must issue in absentia removal orders for children who miss court hearings. This decision is consistent with part of a broader strategy to accelerate the removal of individuals under the age of 18, and creates a more precarious legal landscape for non-citizen children.
WHAT TO KNOW
Issue: DHS has issued an interim final rule establishing a mandatory $100 fee for new asylum applications, plus a recurring $100 annual fee for every year an application remains pending. Failure to pay results in the automatic denial of asylum claims, termination of work authorizations, and potential placement into removal proceedings.
Rationale: These specific costs were mandated by the 2025 budget reconciliation bill. The rule also establishes that these asylum fees, along with a new $24 fee for I-94 records, cannot be waived or reduced.
RAICES Impact: Legal teams should track annual fee deadlines for pending asylum applications. Legal representatives should also make sure to advise clients about the potential consequences of not paying the fees.
Community Impact: This rule places a significant financial burden on asylum seekers, particularly those in long-pending cases who must now pay a recurring yearly fee to maintain their legal status. Because these fees cannot be waived, the most economically disadvantaged applicants face a heightened risk of losing their work permits and being placed in removal proceedings solely due to an inability to pay.
Related Legal Battles: While the rule is based on a 2025 budget reconciliation bill, the immediate implementation of automatic denials and removals without the possibility of fee waivers is likely to face legal challenges regarding its impact on the statutory right to apply for asylum. It is important to document instances where the lack of a fee waiver prevents eligible individuals from seeking protection, as this may be central to future litigation against the rule.
Broader Immigration Strategy: Many of the current administration’s immigration policies create procedural barriers designed to prevent non-citizens from accessing the protections and benefits provided for by law. This rule and the associated fees are very much intended to foreclose the ability of many asylum seekers from ever reaching a fair adjudication of their claim. It is important to support clients to navigate this new rule, while also documenting the harm it causes in order to inform future rights advocacy.
