2026-09007Proposed RuleSignificantWallet

Deportation Pause Fee Jumps Nearly 5x to $755 – Ouch!

Published Date: 5/7/2026

Proposed Rule

Summary

If you’re applying to pause your deportation or removal with Form I-246, get ready for a fee jump from $155 to $755! This change helps cover the real costs since the fee hasn’t changed since 1989. You’ve got until July 6, 2026, to share your thoughts before the new fee kicks in.

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Analyzed Economic Effects

4 provisions identified: 1 benefits, 3 costs, 0 mixed.

I-246 Filing Fee Jumps to $755

If you file Form I-246 to request a stay of deportation or removal, DHS proposes raising the filing fee from $155 to $755, a $600 increase (a 387 percent increase). The rule is a proposed change and DHS is taking comments through July 6, 2026.

Estimated $2.25M Annual Transfer to ICE

DHS estimates the $600 fee increase (from $155 to $755) would raise annual transfers by $2.25 million in FY2026 and FY2027, based on an assumed 3,745 paid I-246 filings per year.

Fee Waivers Can Still Be Requested

DHS states applicants who cannot pay may request a fee waiver for Form I-246; ICE adjudicates waivers under its 2008 fee waiver guidelines and applicants may submit an affidavit or declaration under penalty of perjury and provide flexible supporting documentation.

Higher Fee Could Dissuade Low-Income Filings

DHS acknowledges that increasing the Form I-246 fee to $755 may dissuade aliens with limited means from submitting stay requests, potentially reducing access to stays of removal for those applicants.

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Key Dates

Published Date
Comments Due
5/7/2026
7/6/2026

Department and Agencies

Department
Independent Agency
Agency
Homeland Security Department
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