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Original Date Announced
December 18, 2020EOIR 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 82750Effective Date
January 17, 2021Subsequent Trump-Era and Court Action(s)
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December 23, 2020
Complaint in Catholic Immigration Network et al v. EOIR, Case No. 20-cv-3812 (D.D.C. Dec. 23, 2020)
On December 23, 2020, the American Immigration Council, the National Immigration Law Center, and Gibson, Dunn & Crutcher filed a federal lawsuit challenging the rule in the U.S. District Court for the District of Columbia.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
View Document -
January 18, 2021
Clinic v. EOIR, Case No. 20-cv-3812 (D.D.C. Jan. 18, 2021)
The U.S. District Court for the District of Columbia blocks nearly all of the EOIR fee increase rule. The injunction does nothing with respect to charging $50 for asylum applications filed in court because plaintiffs did not challenge a separate policy under which EOIR collects fees for DHS forms filed in court and the $50 fee itself has already been blocked by multiple court orders.
** Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources. **
View Document
Biden Administration Action: Modified
January 31, 20242024.01.31 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.
View DocumentCurrent Status
Partially in effectMost 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 RequirementsJanuary 31, 2024Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: RuleSubject Matter: Hearings and AdjudicationsAgencies Affected: EOIRAssociated or Derivative Policies
- December 18, 2020 EOIR Director issues policy memo on fees and fee waivers
Pre Trump-Era Policies
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
Executive Office for Immigration Review; Fee Review
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Prior Policy
Original Source:
8 CFR § 1103.7 (current fees)
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Subsequent Action
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Subsequent Action
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Commentary
Original Source:
AILA / AIC on EOIR Fee Increase
- Commentary
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Other
Original Source:
Proposed rule: Executive Office for Immigration Review; Fee Review
Commentary
AILA / AIC on EOIR Fee Increase
Go to articleNY Bar: Comment Letter Urging EOIR to Withdraw Rule That Would Dramatically Increase Fees
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