§1815 Inadmissible Alien Apprehension Fee

Summary

Requires a fee when a person who is not allowed to enter the United States is caught between ports of entry. For fiscal year 2025 the fee must be the larger of $5,000 or an amount the Secretary of Homeland Security sets by rule. Starting in fiscal year 2026 and each year after, the fee is the prior year’s fee plus an increase based on the change in the Consumer Price Index for All Urban Consumers for July, rounded down to the next lowest $10. The law also says how the money is handled. One part directs that 50% of the fees go to U.S. Immigration and Customs Enforcement and are placed in its Detention and Removal Office Fee Account to be used without another appropriation, and the rest goes into the Treasury’s general fund. Another part says all of the fees must be deposited into the Treasury’s general fund.