Notice2025-20401
Certain Immigration Enforcement-Related Fees Required by HR-1 Reconciliation Bill: Fiscal Year 2026 Adjustments for Inflation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 20, 2025
Effective
December 1, 2025
Issuing agencies
Homeland Security DepartmentU.S. Immigration and Customs Enforcement
Abstract
The Department of Homeland Security (DHS) is announcing a new fee amount for Fiscal Year (FY) 2026 for two of the immigration enforcement-related fees that were established by the One Big Beautiful Bill Act (HR-1). HR-1 requires that DHS annually adjust the immigration enforcement-related fees for inflation. The adjusted fee amounts for FY 2026 for the aliens ordered removed in absentia and inadmissible alien apprehension fees are $5,130. On December 1, 2025, DHS will begin assessing and collecting these new amounts.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 222 (Thursday, November 20, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 222 (Thursday, November 20, 2025)]
[Notices]
[Pages 52425-52426]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20401]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
Certain Immigration Enforcement-Related Fees Required by HR-1
Reconciliation Bill: Fiscal Year 2026 Adjustments for Inflation
AGENCY: U.S. Immigration and Customs Enforcement, U.S. Department of
Homeland Security.
ACTION: Notice of inflationary fee adjustment.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security (DHS) is announcing a new
fee amount for Fiscal Year (FY) 2026 for two of the immigration
enforcement-related fees that were established by the One Big Beautiful
Bill Act (HR-1). HR-1 requires that DHS annually adjust the immigration
enforcement-related fees for inflation. The adjusted fee amounts for FY
2026 for the aliens ordered removed in absentia and inadmissible alien
apprehension fees are $5,130. On December 1, 2025, DHS will begin
assessing and collecting these new amounts.
DATES: The fees announced in this notice are effective on December 1,
2025.
FOR FURTHER INFORMATION CONTACT: Office of Regulatory Affairs and
Policy, U.S. Immigration and Customs Enforcement, Department of
Homeland Security, 500 12th Street SW, Washington, DC 20536; telephone
(202) 732-6960 (not a toll-free call).
SUPPLEMENTARY INFORMATION:
I. Background and Authority
On July 4, 2025, the President signed into law the One Big
Beautiful Bill Act, Public Law 119-21, 139 Stat. 72 (HR-1), which
amended and added new laws that applied to different areas of the
United States Government.\1\ Relevant to this notice, HR-1 established
two immigration enforcement fees applicable to the following: (1)
aliens who are ordered removed in absentia pursuant to section
240(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C.
1229a(b)(5) and are subsequently arrested by U.S. Immigration and
Customs Enforcement (ICE); and (2) inadmissible aliens at the time such
aliens are apprehended between ports of entry.\2\ Accordingly, on
September 8, 2025, DHS provided notice to the public announcing that
DHS would begin assessing and collecting these fees in the amount of
$5,000 for FY 2025 for both fees, as authorized under the statute.\3\
DHS also indicated it will individually notify aliens to whom these
fees apply and,
[[Page 52426]]
upon notification, provide instructions on how to pay the fees levied
as of September 8, 2025.\4\
---------------------------------------------------------------------------
\1\ See HR-1, Title X, Subtitle A, Part I, sections 100001
through 100018.
\2\ See Public Law 119-21, 139 Stat. 72, secs. 100016, 100017
(codified at 8 U.S.C. 1814, 1815).
\3\ Certain DHS Immigration Enforcement-Related Fees Required by
HR-1 Reconciliation Bill, 90 FR 43223 (Sept. 8, 2025).
\4\ Id.
---------------------------------------------------------------------------
Under HR-1, these fees are subject to annual adjustments for
inflation during FY 2026, and thereafter, each subsequent fiscal
year.\5\ Specifically, both fees provide that the annual adjustment for
inflation will be calculated as follows:
---------------------------------------------------------------------------
\5\ See Public Law 119-21, 139 Stat. 72, secs. 100016(b)(2) and
100017(b)(2), 8 U.S.C. 1814(b)(2), 1815(b)(2).
[T]he 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.
Accordingly, DHS has calculated the adjustments for inflation for
these fees and sets forth the applicable new amounts below in this
notice.
II. FY 2026 Fee Amounts Adjusted for Inflation
A. Adjustments for Immigration Enforcement-Related Fees Under HR-1
Consistent with the current process, DHS will individually notify
aliens to whom these adjusted fees apply and provide instructions on
how to pay the fees levied on December 1, 2025. DHS is setting the date
of December 1, 2025, to allow for system updates and to address
accounting and budget timelines. The new FY 2026 fees are as follows:
---------------------------------------------------------------------------
\6\ In accordance with HR-1 secs. 100016(b)(2), 100017(b)(2),
the annual adjustment for FY 2026 is calculated as the sum of the
amount of the fee required under this subsection for the most
recently concluded fiscal year; and the product resulting from the
multiplication of the amount referred to in subparagraph (A) by the
percentage by which the Consumer Price Index of All Urban Consumers
(CPI-U) (323.048) for the month of July 2025 exceeds the CPI-U for
July 2024 (314.540), rounded to the next lowest multiple of $10.
This results in a multiplier of 1.02705. See Bureau of Labor
Statistics, Consumer Price Index for All Urban Consumers, <a href="https://data.bls.gov/timeseries/CUUR0000SA0?years_option=all_years">https://data.bls.gov/timeseries/CUUR0000SA0?years_option=all_years</a> (last
visited Sept. 17, 2025).
\7\ The current $5,000 fee multiplied by the 1.02705 multiplier
results in a fee of $5,135.25. In accordance with HR-1 secs.
100016(b)(2), 100017(b)(2), this number is rounded to the next
lowest multiple of $10, for a FY 2026 fee of $5,130.
---------------------------------------------------------------------------
100016(b)(2), 10017(b)(2), the annual adjustment for FY2026 is
calculated as the sum of the amount of the fee required under this
subsection for the most recently concluded fiscal year; and the product
resulting from the multiplication of the amount referred to in
subparagraph (A) by the percentage by which the Consumer Price Index of
All Urban Consumers (CPI-U) (323.048) for the month of July 2025
exceeds the CPI-U for July 2024 (314.540), rounded to the next lowest
multiple of $10. This results in a multiplier of 1.02705. See Bureau of
Labor Statistics, Consumer Price Index for All Urban Consumers, <a href="https://data.bls.gov/timeseries/CUUR0000SAU?years_option=all_years">https://data.bls.gov/timeseries/CUUR0000SAU?years_option=all_years</a> (last
visited Sept. 17, 2025).
----------------------------------------------------------------------------------------------------------------
FY 2026 fee
amount as
Fee description Citation FY 2025 fee Multiplier adjusted by
amount \6\ this notice
\7\
----------------------------------------------------------------------------------------------------------------
Aliens subject to removal orders in HR-1, Public Law 119-21, $5,000 1.02705 $5,130
absentia and subsequently arrested by 139 Stat. 72, sec. 100016.
ICE. (codified at 8 U.S.C.
1814).
Inadmissible aliens arrested between HR-1, Public Law 119-21, 5,000 1.02705 5,130
ports of entry. 139 Stat. 72, sec. 100017.
(codified at 8 U.S.C.
1815).
----------------------------------------------------------------------------------------------------------------
B. Section 100016. Aliens Ordered Removed in Absentia Pursuant to INA
Section 240(b)(5) and Subsequently Arrested by ICE
Based on the calculation for inflation adjustments for FY 2026, as
set forth under HR-1 section 100016(b)(2), DHS will collect and assess
a fee in the amount of $5,130 for aliens subject to the fee under HR-1,
section 100016, Fee for aliens ordered removed in absentia. This fee is
applicable to aliens who have been ordered removed in absentia by an
immigration judge pursuant to INA section 240(b)(5) for failure to
attend removal proceedings and are subsequently arrested by ICE.\8\ HR-
1 provides an exception to this fee for aliens whose removal order in
absentia is rescinded pursuant to INA section 240(b)(5)(C), 8 U.S.C.
1229a(b)(5)(C).\9\ See Public Law 119-21 sec. 100016(c). HR-1 also
provides that no waivers are available for this enforcement fee. See
Public Law 119-21 sec. 100016(e).
---------------------------------------------------------------------------
\8\ An alien is ``ordered removed in absentia'' under section
240(b)(5) of the INA, 8 U.S.C. 1229a(b)(5), when the alien fails to
attend removal proceedings after receiving written notice of the
proceedings and DHS has established ``by clear, unequivocal, and
convincing evidence that the written notice was so provided and that
the alien is removable.''
\9\ INA section 240(b)(5)(C), 8 U.S.C. 1229a(b)(5)(C) (``Such an
order may be rescinded only-(i) upon a motion to reopen filed within
180 days after the date of the order of removal if the alien
demonstrates that the failure to appear was because of exceptional
circumstances (as defined in subsection (e)(1)), or (ii) upon a
motion to reopen filed at any time if the alien demonstrates that
the alien did not receive notice in accordance with paragraph (1) or
(2) of section 1229(a) of this title or the alien demonstrates that
the alien was in Federal or State custody and the failure to appear
was through no fault of the alien'').
---------------------------------------------------------------------------
C. Section 100017. Inadmissible Aliens Apprehended Between Ports of
Entry Into the United States
Based on the calculation for inflation adjustments for FY 2026, as
set forth under HR-1 section 100017(b)(2), DHS will collect and assess
a fee in the amount of $5,130 for aliens subject to the fee under HR-1,
section 100017, Inadmissible alien apprehension fee. This fee is
applicable to aliens who are inadmissible under INA section 212, 8
U.S.C. 1182, and are apprehended by DHS between ports of entry. Aliens
who are apprehended by DHS between ports of entry are often subject to
the ground of inadmissibility under INA section 212(a)(6), 8 U.S.C.
1182(a)(6), which provides that any alien ``present in the United
States without being admitted or paroled, or who arrives in the United
States at any time or place other than as designated by the Attorney
General, is inadmissible.'' \10\ However, an alien could also be
inadmissible based on additional grounds of inadmissibility listed
under INA section 212, 8 U.S.C. 1182.
---------------------------------------------------------------------------
\10\ INA section 212(a)(6), 8 U.S.C. 1182(a)(6).
Kristi Noem,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2025-20401 Filed 11-19-25; 8:45 am]
BILLING CODE 9111-CB-P
</pre></body>
</html>Indexed from Federal Register on November 20, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.