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2.0

DHS and ICE implement OBBBA immigration enforcement fees

  1. Original Date Announced

    September 8, 2025

    DHS and ICE published a notice in the Federal Register implementing certain immigration enforcement-related fees required by the OBBBA. The fees implemented in this notice are for (1) noncitizens who are ordered removed in absentia pursuant to INA 240(b)(5) and are subsequently arrested by ICE; and (2) inadmissible noncitizens who are apprehended between ports of entry.

    Trump 2.0 [ID# 2033]

    2025.09.08 90 FR 43223 Certain DHS Immigration Enforcement-Related Fees Required by HR-1
  2. Effective Date

    September 8, 2025
  3. Subsequent Trump and Court Action

    October 24, 2025

    2025.10.24 The Intercept - DHS Is Billing Unaccompanied Immigrant Kids $5,000

    The Intercept reports that DHS has sent $5,000 fines to unaccompanied immigrant children and teenagers for illegally entering the United States. The "Inadmissible alien apprehension fee" was created by the One Big Beautiful Bill Act. Fine recipients include minors in New York, Michigan, Texas, and Pennsylvania, and include some who are currently living in Office of Refugee Resettlement shelters.

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  4. Subsequent Trump and Court Action

    November 20, 2025

    2025.11.20 DHS - Certain Immigration Enforcement-Related Fees Required by HR-1 Reconciliation Bill: FY 2026 Adjustments for Inflation

    DHS announced an inflationary adjustment to the fees for two of the immigration enforcement-related fees that were established by the One Big Beautiful Bill Act (OBBBA), including the fee for noncitizens ordered removed in absentia and the inadmissible noncitizen apprehension fee. Both fees will increase from $5,000 to $5,130 in Fiscal Year 2026. DHS states that, under OBBA, certain fees are "subject to annual adjustments for inflation during FY 2026, and thereafter, each subsequent fiscal year."

    The fees announced in this notice are effective on December 1, 2026.

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