Original Date Announced

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]

Subsequent Trump and Court Action

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.**

Subsequent Trump and Court Action

Clinic v. EOIR, Case No. 20-cv-3812 (D.D.C. Jan. 18, 2021)

The U.S. District Court for the District of Columbia blocked nearly all of the EOIR fee increase rule pending final adjudication of the action. 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. **

Subsequent Trump and Court Action

Minute Order Lifting Stay in Catholic Immigration Network, et al. v. EOIR, Case No. 20-cv-3812

On December 15, 2023, the court lifted a longstanding stay in the litigation over the EOIR fee increase. The parties were ordered to propose a schedule for further proceedings.

**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**