Title 8Aliens and NationalityRelease 119-73not60

§1815 Inadmissible Alien Apprehension Fee

Title 8 › Chapter 16— IMMIGRATION FEES › § 1815

Last updated Apr 3, 2026|Official source

Summary

Any person caught between ports of entry who is found inadmissible must pay a fee when they are apprehended. For fiscal year 2025 the fee must be at least $5,000 or a higher amount the Secretary of Homeland Security sets by rule. For fiscal year 2026 and each year after, the fee is the prior year’s fee plus an increase based on the year‑over‑year change in the July Consumer Price Index for All Urban Consumers, then rounded down to the next lowest multiple of $10. Each year, 50% of the fees collected go to U.S. Immigration and Customs Enforcement (ICE). That 50% is put into the Detention and Removal Office Fee Account and ICE may keep and spend it without more approval. Any fees not credited to ICE are deposited into the general fund of the Treasury. The law also states that all fees are to be deposited into the Treasury general fund.

Full Legal Text

Title 8, §1815

Aliens and Nationality — Source: USLM XML via OLRC

(a)In addition to any other fee authorized by law, the Secretary of Homeland Security shall require the payment of a fee, equal to the amount specified in subsection (b), by any inadmissible alien at the time such alien is apprehended between ports of entry.
(b)(1)For fiscal year 2025, the amount specified in this section shall be the greater of—
(A)$5,000; or
(B)such amount as the Secretary of Homeland Security may establish, by rule.
(2)During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—
(A)the amount of the fee required under this subsection for the most recently concluded fiscal year; and
(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 to the next lowest multiple of $10.
(c)During each fiscal year—
(1)50 percent of the fees collected pursuant to this section—
(A)shall be credited to U.S. Immigration and Customs Enforcement;
(B)shall be deposited into the Detention and Removal Office Fee Account; and
(C)may be retained and expended by U.S. Immigration and Customs Enforcement without further appropriation; and
(2)any amounts collected pursuant to this section that are not credited to U.S. Immigration and Customs Enforcement pursuant to paragraph (1) shall be deposited into the general fund of the Treasury.
(d)All of the fees collected pursuant to this section shall be deposited into the general fund of the Treasury.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1815

Title 8Aliens and Nationality

Last Updated

Apr 3, 2026

Release point: 119-73not60