Deportation Stay Fee Jumps from $155 to $755 in 2026
For decades, immigrants facing deportation could request a temporary pause — called a stay of removal — for just $155. Now the US government wants to charge $755 for the same request. The proposed fee hike is nearly five times the current cost, and it could make deportation defense harder to afford for thousands of people.
If you are in removal proceedings and need more time to stay in the US, you may have filed — or considered filing — Form I-246 (the application to request a stay of deportation or removal). This form asks immigration authorities to temporarily pause your removal while your case is reviewed. Right now, that application costs $155. Under a new proposal from the Department of Homeland Security (DHS), that cost would jump to $755 — nearly five times more.
Why Is the Fee Increasing So Much?
DHS says the current $155 fee does not cover what it actually costs the government to process the application. According to the agency, the fee has not been updated since 1989 — more than 35 years ago. The proposed $755 fee is meant to recover those real processing costs. DHS is also proposing minor technical edits to the rules around this fee, though the core process for requesting a stay of deportation or removal would not change.
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Who Does This Affect?
This fee increase would affect anyone who needs to request a stay of deportation or removal — including people in active removal proceedings, asylum seekers whose cases are still pending, and others facing a deportation order. For many immigrants, $755 is a significant financial burden, especially when they are already paying for an immigration lawyer and other legal costs. The proposal is not yet final. DHS must go through a public comment period before any change becomes official.
What to Do
- Check if the rule is final. This is still a proposed rule. Watch for updates on when it takes effect. If you need to file Form I-246 soon, the current $155 fee may still apply.
- Act quickly if you have a pending deportation order. Lawyers recommend not waiting. If you need a stay of removal, file as soon as possible — before any fee increase takes effect.
- Ask about fee waivers. In some situations, people with very low income may qualify for a fee waiver. Ask an immigration lawyer whether you qualify.
- Submit a public comment. During the comment period, anyone — including immigrants — can submit feedback to DHS about the proposed fee increase. Your voice can be part of the official record.
Fishkin Law Firm, New York
A stay of removal under Form I-246 is one of the few tools that can buy critical time when someone is facing imminent deportation — but it is not automatic, and approval is not guaranteed. If you have a pending appeal, a new asylum claim, or a strong humanitarian argument, those factors matter when ICE reviews your request. With a fee increase of this size potentially coming, anyone who may need this option should consult an immigration attorney now, before the rule is finalized.