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EOIR dramatically increases fees for appeals, applications, and motions

  1. Original Date Announced

    December 18, 2020

    EOIR raises filing fees for several forms and motions, including:

    • Notice of Appeal from an IJ decision (Form EOIR-26) --increased from $110 to $975
    • Notice of Appeal from a DHS decision (Form EOIR-29) -- increased from $110 to $705
    • Application for Suspension of Deportation (Form EOIR-40) -- increased from $100 to $305
    • Application for LPR Cancellation of Removal (EOIR-42A) -- increased from $100 to $305
    • Application for Non-LPR Cancellation of Removal (EOIR-42B) -- increased from $100 to $360
    • Notice of Appeal from a Practitioner Disciplinary Case (Form EOIR-45) -- increased from $110 to $675
    • Motion to reopen or reconsider before an immigration judge -- increased from $110 to $145
    • Motion to reopen or reconsider before the BIA -- increased from $110 to $895

    EOIR also clarifies that the new DHS filing fee of $50 for asylum applications (Form I-589) will apply to asylum applications filed before an immigration judge.

    [ID #235]

    EOIR Fee Review, 85 Fed Reg 82750
  2. Effective Date

    January 17, 2021
  3.  
  4. Biden Administration Action: Modified

    January 31, 2024

    2024.01.31 U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements

    On January 31, 2024, USCIS published a revised fee schedule for certain immigration and naturalization benefit requests. As part of the new policy, USCIS will charge no filing fee for Form I-589, the Application for Asylum and Withholding of Removal. As a result, although there is no injunction prohibiting EOIR from collecting the fee assigned by DHS to Form I-589s filed in immigration court--as contemplated by the rule in the original entry--that fee is now $0.

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Current Status

Partially in effect

Most Recent Action

January 31, 2024 Action: Modified 2024.01.31 U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements
January 31, 2024
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Rule
Subject Matter: Hearings and Adjudications
Agencies Affected: EOIR

Associated or Derivative Policies

Pre Trump-Era Policies

Commentary

  • NY Bar: Comment Letter Urging EOIR to Withdraw Rule That Would Dramatically Increase Fees

    Go to article
  • AILA / AIC on EOIR Fee Increase

    Go to article

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