ICE's $18,000 Deportation Fee: What It Means for You

A New $18,000 Fee for People Deported After Missing Court

The U.S. Department of Homeland Security (DHS) is proposing a new rule that would charge immigrants up to $18,000 if they are deported after missing their immigration court hearing. This fee would apply to people who receive what is called a removal order "in absentia" — meaning a judge ordered them deported because they did not show up to court. The rule is based on a law passed by Congress and is currently in the proposal stage (called a Notice of Proposed Rulemaking, or NPRM).

Under the proposal, ICE would use a cost model based on the average expense of detaining, processing, and removing a person from the United States. DHS says the actual cost of finding and arresting someone who missed their hearing may be even higher than the average, because it takes extra time and steps to locate them. Half of the money collected would go to ICE's Detention and Removal Office, and the other half would go to the U.S. Treasury. DHS has stated that this fee would not apply to people who were already arrested or deported before the law took effect — it is meant to apply going forward only.

If you miss your immigration court hearing, a judge can order you deported without you being present — as long as the government can show that you received written notice of the hearing. The law requires you to keep your address updated with immigration authorities. If you move and do not update your address, you may still be considered legally notified, even if you never received the notice. DHS says it provides online tools for immigrants to update their contact information, and warns that failing to do so can lead to serious consequences, including criminal penalties under federal law.

Can You Fight a Deportation Order Issued Without You?

In some cases, yes. The law allows a person to ask a court to reopen their case after a removal order in absentia — but the rules are strict. Courts have ruled that general excuses, like heavy traffic, are not enough. You would typically need strong, specific evidence — for example, detailed medical records showing a serious illness prevented you from appearing. If you believe you have a valid reason for missing your hearing, you may have the right to request that your case be reopened under the Immigration and Nationality Act (INA). The notice of the fee also states that immigrants may request to review their records and may ask to pay the debt in installments through a written repayment agreement with the agency.

What to Do

• Always update your address with USCIS and immigration courts when you move. You can do this through official online portals. Failing to do so can result in a deportation order — and now potentially an $18,000 fee — even if you never received the hearing notice.
• Never miss an immigration court hearing. If you cannot attend for a serious reason, contact an immigration lawyer immediately before the hearing date, not after.
• If you already have a removal order in absentia, lawyers recommend consulting an immigration attorney right away to find out if you qualify to reopen your case. Time limits apply.
• If you receive a fee notice from ICE, you have the right to inspect and copy the records used to calculate the fee, and you may request a written installment payment plan.