ICE Wants to Raise Deportation Stay Fee by 387%
If ICE is trying to deport you, one of your few tools to buy more time costs $155 today. A new government proposal would raise that cost to $755 — almost five times more. The public has until July 6, 2026 to push back.
If you are in removal proceedings — meaning the government is trying to deport you — you may have the option to file Form I-246 (the application to pause, or "stay," your deportation while you fight your case). Right now, that form costs $155. Under a new proposal from U.S. Immigration and Customs Enforcement (ICE), that fee would jump to $755 — a nearly 400% increase.
Why Is ICE Raising the Fee?
ICE says the current $155 fee has not changed since 1989. A 2025 cost analysis by the Department of Homeland Security (DHS) found that $155 does not cover what it actually costs the government to review each stay request. According to DHS, the real cost is about $755 per application. ICE wants to recover those full costs, as allowed by federal law. This is a proposed rule — it is not final yet. The public has until July 6, 2026 to submit comments before the rule can take effect.
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What This Means If You Face Deportation
A stay of deportation is a temporary pause on your removal. It gives you more time to appeal your case or fix a legal problem. If this fee increase becomes final, people in removal proceedings will need to pay $755 — instead of $155 — just to ask ICE to pause their deportation. For many immigrants, especially those without steady income, this is a serious financial barrier. It is important to know that stays of removal can also be requested through immigration courts (run by the Department of Justice's Executive Office for Immigration Review, or EOIR) and through federal courts, sometimes without this specific fee.
What to Do
- Submit a public comment by July 6, 2026. Go to regulations.gov and search for Docket No. ICEB-2020-0005. Anyone — including immigrants — can comment. Explain how this fee increase would affect you.
- Talk to an immigration lawyer now. If you are already in removal proceedings, lawyers recommend acting before any fee increase takes effect. An attorney can help you understand all your options for stopping or delaying deportation, including through immigration court or federal court.
- Ask about fee waivers. The proposed rule does not eliminate fee waivers. If you cannot afford the fee, you may be able to apply for a waiver. Ask your attorney or a nonprofit immigration organization about this option.
- Know your other options. A Form I-246 is not the only way to request a stay. Immigration judges and federal courts can also grant stays of removal. Lawyers recommend exploring all available paths, not just the ICE process.
Fishkin Law Firm, New York
A Form I-246 stay request to ICE is just one tool — if the fee increase makes it unaffordable, clients should know that immigration judges and federal circuit courts can also grant stays of removal, often through different procedures and cost structures. If you are in removal proceedings, file any pending motions or appeals as soon as possible, because a stay request is most effective when paired with a live legal challenge. Consult an immigration attorney before your next court date to map out the right strategy for your specific case.