§1815 Inadmissible alien apprehension fee

Summary

The Secretary of Homeland Security must charge a fee to any inadmissible alien when that person is caught between ports of entry, in addition to any other required fees. For fiscal year 2025 the fee is the greater of $5,000 or an amount the Secretary sets by rule. For fiscal year 2026 and each year after, the fee is last year’s fee plus an increase based on the July change in the Consumer Price Index for All Urban Consumers, rounded down to the next lowest multiple of $10. Each fiscal year, 50 percent of the fees collected are credited to U.S. Immigration and Customs Enforcement, put into the Detention and Removal Office Fee Account, and may be kept and spent by ICE without more appropriation. Any fees not credited to ICE go into the Treasury’s general fund. The law also states that all fees collected are to be deposited into the Treasury general fund.