Certain DHS Immigration-Related Fees Required by HR-1: Fiscal Year 2027 Adjustments for Inflation

Issuing agencies

Abstract

The Department of Homeland Security (DHS) is announcing Fiscal Year (FY) 2027 inflationary adjustments for two of the immigration enforcement-related fees established by the One Big Beautiful Bill Act (HR-1). HR-1 requires that DHS annually adjust certain immigration enforcement-related fees for inflation. The adjusted fee amounts for FY 2027 for aliens ordered removed in absentia who are subsequently arrested and inadmissible aliens apprehended between ports of entry are $5,300. On October 16, 2026, DHS will begin assessing and collecting these new amounts.

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<title>Federal Register, Volume 91 Issue 189 (Thursday, October 1, 2026)</title>
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[Federal Register Volume 91, Number 189 (Thursday, October 1, 2026)]
[Notices]
[Pages 62542-62543]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20186]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement


Certain DHS Immigration-Related Fees Required by HR-1: Fiscal 
Year 2027 Adjustments for Inflation

AGENCY: U.S. Immigration and Customs Enforcement, U.S. Department of 
Homeland Security.

ACTION: Notice of inflationary fee adjustment.

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SUMMARY: The Department of Homeland Security (DHS) is announcing Fiscal 
Year (FY) 2027 inflationary adjustments for two of the immigration 
enforcement-related fees established by the One Big Beautiful Bill Act 
(HR-1). HR-1 requires that DHS annually adjust certain immigration 
enforcement-related fees for inflation. The adjusted fee amounts for FY 
2027 for aliens ordered removed in absentia who are subsequently 
arrested and inadmissible aliens apprehended between ports of entry are 
$5,300. On October 16, 2026, DHS will begin assessing and collecting 
these new amounts.

DATES: The fees announced in this notice are effective on October 16, 
2026.

FOR FURTHER INFORMATION CONTACT: Office of Principal Legal Advisor, 
Regulatory Affairs Unit, U.S. Immigration and Customs Enforcement, 
Department of Homeland Security, 500 12th Street SW, Washington, DC 
20536-5901. Telephone 202-732-6960 (not a toll-free number).

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, 
among other things, established a number of immigration-related 
fees.\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\ 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 by statute.\3\ As of September 8, 2025, DHS has 
been individually notifying aliens to whom these fees apply and 
providing instructions on how to make payments for these fees.\4\
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    \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.
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    On November 20, 2025, DHS published a notice for FY 2026 to adjust 
the fees for inflation to $5,130, which became effective on December 1, 
2025.\5\ Under HR-1, these fees are subject to annual adjustments for 
inflation each fiscal year.\6\ Specifically, both fees provide that the 
annual adjustment for inflation will be calculated as follows:
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    \5\ Certain Immigration Enforcement-Related Fees Required by HR-
1 Reconciliation Bill: Fiscal Year 2026 Adjustments for Inflation, 
90 FR 52425 (Nov. 20, 2025).
    \6\ 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

[[Page 62543]]

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.

    DHS has now calculated the adjustments for inflation for FY 2027 
and sets forth the applicable new amounts below in this notice.
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    \7\ 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 Aug. 18, 2026).
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II. FY 2027 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 as of October 16, 2026. In accordance with 
HR-1 secs. 100016(b)(2) and 100017(b)(2), the annual adjustment for FY 
2027 is calculated as the sum of the amount of the fee required under 
this subsection for the most recently concluded fiscal year ($5,130); 
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) (333.918) for the month of 
July 2026 exceeds the CPI-U for July 2025 (323.048), rounded to the 
next lowest multiple of $10. The multiplier of 1.03365 (rounded to the 
fifth decimal place) applied to the previous fee of $5,130 results in a 
new amount of $5302.62 (rounded to the nearest cent) and then rounded 
down to the nearest $10 increment is $5,300. The new FY 2027 fees are 
as follows:

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                                                                                                    FY 2027 fee
                                                                        FY 2026                      amount as
            Fee description                        Citation               fee     Multiplier \7\    adjusted by
                                                                         amount                     this notice
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Aliens subject to removal orders in     HR-1, Public Law 119-21, 139      $5,130         1.03365          $5,300
 absentia and subsequently arrested by   Stat. 72, sec. 100016.
 ICE.                                    (codified at 8 U.S.C. 1814).
Inadmissible aliens arrested between    HR-1, Public Law 119-21, 139       5,130         1.03365           5,300
 ports of entry.                         Stat. 72, sec. 100017.
                                         (codified at 8 U.S.C. 1815).
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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 2027, as 
set forth under HR-1 section 100016(b)(2), DHS will collect and assess 
a fee in the amount of $5,300 for aliens subject to the fee under HR-1, 
section 100016, Fee for aliens ordered removed in absentia, beginning 
October 16, 2026. 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).
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    \8\ An alien is ``ordered removed in absentia'' by an 
immigration judge under section 240(b)(5) of the INA, 8 U.S.C. 
1229a(b)(5), when the alien fails to attend removal proceedings 
after written notice ``required under paragraph (1) or (2) of 
section 1229(a) of this title has been provided to the alien or the 
alien's counsel of record'' 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'').
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C. Section 100017. Inadmissible Aliens Apprehended Between Ports of 
Entry

    Based on the calculation for inflation adjustments for FY 2027, as 
set forth under HR-1 section 100017(b)(2), DHS, including ICE and U.S. 
Customs and Border Protection, will collect and assess a fee in the 
amount of $5,300 for aliens subject to the fee under HR-1, section 
100017, Inadmissible alien apprehension fee, beginning October 16, 
2026. 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.
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    \10\ INA section 212(a)(6), 8 U.S.C. 1182(a)(6).

Markwayne Mullin,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2026-20186 Filed 9-30-26; 8:45 am]
BILLING CODE 9111-CB-P


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