§1814 Fee for Aliens Ordered Removed in Absentia

Summary

Any noncitizen who was ordered removed in absentia under section 1229a(b)(5) and is later arrested by U.S. Immigration and Customs Enforcement (ICE) must pay a fee to help cover arrest costs. For fiscal year 2025 the fee is the larger of $5,000 or an amount the Secretary of Homeland Security sets by rule. For fiscal year 2026 and later, the fee equals the prior year’s fee plus an increase based on the July-to-July change in the Consumer Price Index for All Urban Consumers, rounded down to the next lower $10. No fee applies if the in-absentia removal order was later canceled under section 1229a(b)(5)(C). Fifty percent of fees go to ICE and are put in the Detention and Removal Office Fee Account for ICE to keep and spend without another appropriation. The rest goes to the Treasury’s general fund. The fee cannot be waived or reduced.