ICE May Charge $18,000 Fee After Missed Immigration Court Hearing
Missing a single immigration court hearing could soon cost you $18,000. The federal government has proposed a new fee targeting immigrants who are deported after failing to appear in court — a process called "removal in absentia." If this rule takes effect, it could hit asylum seekers, undocumented immigrants, and others who missed hearings for any reason.
What Is the Proposed $18,000 Fee?
ICE (U.S. Immigration and Customs Enforcement) has published a proposed rule that would charge immigrants $18,000 if they are deported after missing their immigration court date. This is called a "removal in absentia" — meaning a judge ordered you removed because you did not show up to your hearing. The current inflation-adjusted fee for this situation is $5,130. The new proposal would raise it to $18,000 — more than three times higher.
The government says this fee is meant to partially cover the cost of finding, arresting, detaining, and removing someone who missed their court date. According to the proposed rule, 50 percent of the money collected goes into an ICE enforcement account. The other 50 percent goes to the U.S. Treasury. ICE says the actual cost of these cases may be even higher than the fee, because locating someone who missed a removal order often takes extra time and resources.
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What Happens If You Miss Your Hearing
Under U.S. immigration law, if you do not appear at your immigration court hearing (called a "removal proceeding" under INA Section 240), a judge can order you deported without you being there. You lose your right to fight the case. The government only needs to show that you received written notice of the hearing and that you are removable. There are very limited ways to reopen your case after this — for example, if you had a serious medical emergency and can prove it with detailed medical records, or if you never received proper notice. Simply being stuck in traffic, according to past court decisions, is not enough.
The proposed rule is not yet final. Public comments were due June 22, 2026. DHS has said the fee would only apply going forward — not to people who were already arrested or removed before the rule took effect. However, if you currently have an open immigration case or a pending court date, this rule is a serious warning about what could happen if you miss your hearing.
What to Do
- Never miss your immigration court hearing. If you have a hearing scheduled, attend it — even if you do not have a lawyer yet. Missing it can result in a deportation order and, under this proposed rule, an $18,000 debt.
- Keep your address updated with the immigration court. The law requires you to notify the court within five days if you move. If the court sends a notice to an old address and you miss the hearing, you can still be ordered removed.
- If you already missed a hearing, act fast. Lawyers recommend filing a motion to reopen your case as soon as possible. You will need strong evidence — such as proof you never received notice, or detailed medical records showing a serious emergency.
- Consult an immigration lawyer before your next court date. An attorney can help you understand your rights in removal proceedings and make sure you do not miss any deadlines.
Related: our step-by-step guide — “Bond Hearing: How to Get Released”.
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If you received a removal order in absentia, you may still be able to reopen your case — but you must act quickly and with solid evidence. Courts require specific, detailed proof of why you missed the hearing; vague explanations will not work. Given the proposed $18,000 fee on top of the deportation itself, anyone in this situation should consult an immigration attorney as soon as possible to evaluate their options before ICE makes an arrest.
Frequently Asked Questions
What does 'removal in absentia' mean?
It means an immigration judge ordered you deported because you did not show up to your court hearing. The judge can do this without you being present if the government proves you received notice of the hearing and that you are removable.
Is the $18,000 fee already in effect?
No. As of 2026, this is still a proposed rule. The public comment period closed on June 22, 2026. The fee is not final yet. The current fee is $5,130. Watch for updates on when or if the new rule takes effect.
Can I reopen my case if I missed my immigration court hearing?
In some cases, yes. You can file a motion to reopen your case, but you need strong evidence — for example, proof you never received the hearing notice, or detailed medical records showing a serious emergency. Being late due to traffic or a scheduling conflict is generally not enough.
What happens if I cannot pay the $18,000 fee?
Under the proposed rule, ICE must give you notice of the fee and allow you to request a payment plan — a written agreement to pay in installments. You may also be able to request copies of the records used to calculate the fee.