Title 8, Aliens and NationalityRelease 119-110
§1808 Annual Asylum Fee
Title 8 › CHAPTER 16 — IMMIGRATION FEES › § 1808
Summary
Each calendar year an asylum application remains pending, the Department of Homeland Security or the Attorney General must charge an annual fee. For fiscal year 2025 the fee is the greater of $100 or an amount DHS sets by rule. From fiscal year 2026, the fee rises by the percent change in the Consumer Price Index for All Urban Consumers for July versus the prior July, rounded down to the nearest dollar. Fees go to the U.S. Treasury general fund and cannot be waived or reduced.
Full Legal Text
Title 8, §1808
Aliens and Nationality, Source: USLM XML via OLRC
(a)Fee authorized
In addition to any other fee authorized by law, for each calendar year that an alien’s application for asylum remains pending, the Secretary of Homeland Security or the Attorney General, as applicable, shall require the payment of a fee, equal to the amount specified in subsection (b), by such alien.
(b)Amount specified
(1)Initial amount
For fiscal year 2025, the amount specified in this section shall be the greater of— (A)
(B)such amount as the Secretary of Homeland Security may establish, by rule.
(2)Annual adjustments for inflation
During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of— (A)
(B)the product resulting from the multiplication of the amount referred to in subparagraph (A) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded down to the nearest dollar.
(c)Disposition of annual asylum fees
All of the fees collected pursuant to this section shall be deposited into the general fund of the Treasury.
(d)No fee waiver
Fees required to be paid under this section shall not be waived or reduced.
Reference
Citations & Metadata
Citation
8 U.S.C. § 1808
Title 8, Aliens and Nationality
Last Updated
Sep 22, 2026
Release point: 119-110