§1814 Fee for Aliens Ordered Removed in Absentia

Summary

A fee must be paid by any noncitizen who was ordered removed in absentia (a removal order issued without them present) and is later arrested by U.S. Immigration and Customs Enforcement (ICE). The fee helps pay part of the arrest costs. For fiscal year 2025 the fee will be at least $5,000, or higher if the Secretary of Homeland Security sets a larger amount. Starting in fiscal year 2026 and every year after, the fee will increase by the yearly change in the July Consumer Price Index, with the new amount rounded down to the nearest $10. The fee does not apply if the in-absentia order was later rescinded under section 1229a(b)(5)(C). Half of the money collected each year goes to ICE and is put into the Detention and Removal Office Fee Account for ICE to use without extra approval. The rest goes to the U.S. Treasury general fund. The fee cannot be waived or reduced.