ICE Proposes $18,000 Fee for Missed Deportations
Published Date: 5/20/2026
Proposed Rule
Summary
The government plans to raise the fee from $5,130 to $18,000 for certain people who were ordered to leave the U.S. but didn’t and got caught later. This change affects those removed in absentia and includes yearly inflation updates to keep the fee current. Comments on this proposal are open until June 22, 2026, so now’s the time to speak up!
Analyzed Economic Effects
7 provisions identified: 3 benefits, 4 costs, 0 mixed.
Fee Raised to $18,000
DHS proposes increasing the fee charged to certain people ordered removed in absentia from $5,130 to $18,000. The $18,000 fee applies to any alien who was ordered removed in absentia under 8 U.S.C. 1229a(b)(5)(A) and is subsequently arrested by ICE on or after the final rule's effective date.
Large Annual Transfer to ICE and Treasury
DHS estimates up to $426,060,000 could be transferred annually if 23,670 arrests occur and each pays the $18,000 fee; DHS reports net transfer estimates with a midpoint of $159,932,273. Fifty percent of collected fees are deposited into ICE's Detention and Removal Office Fee Account and the remainder into the U.S. Treasury General Fund.
Annual CPI-U Inflation Adjustments
DHS will adjust the $18,000 fee each year for inflation using the Consumer Price Index for All Urban Consumers (CPI-U). DHS will announce the adjusted fee amount in the Federal Register each year.
Penalties for Nonpayment Apply
The fee notice warns that failure to promptly pay will trigger accrual of interest, administrative costs, and late payment penalty charges under 31 U.S.C. 3717 and related regulations. These additional charges can increase the total amount owed.
Outstanding Fees May Affect Reentry
DHS states outstanding unpaid fees may be considered by adjudicators if an alien with a prior in absentia removal later seeks admission or an immigration benefit. An adjudicator could flag outstanding debt so collection may be pursued upon any future readmission.
No Retroactive Collection Intended
DHS states it does not intend to apply the proposed $18,000 fee retroactively to aliens who were arrested or removed in absentia before enactment of HR-1. HR-1 was signed into law on July 4, 2025, and DHS explains agencies generally avoid retroactive rulemaking.
30-Day Dispute Right and Repayment Plans
An alien who receives the fee notice may dispute the fee within 30 days of the notice and may request to inspect records. The notice also allows the alien to enter into a reasonable written repayment agreement to pay the debt in installments if acceptable to the agency.
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Key Dates
Department and Agencies
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