ICE Fee to Pause Deportation Jumps From $155 to $755
For 37 years, the price to ask ICE to pause a deportation was $155. Now the government wants to charge $755 — a nearly 400% jump. If you or someone you love is facing removal, this change could make one of the few tools to stop deportation much harder to afford.
If you are in removal proceedings and need more time to fight your case, you may soon pay nearly five times more to ask ICE to pause your deportation. The Department of Homeland Security (DHS) has proposed raising the fee for Form I-246 — the application you file to request a stay of deportation or removal (a temporary pause on being deported) — from $155 to $755. That is a $600 increase, and the public has until July 6, 2026 to comment on the proposal.
Why Is the Fee Going Up So Much?
The current $155 fee has not changed since 1989 — that is 37 years without an update. DHS conducted a cost analysis in 2025 and found that $755 per application is needed to cover the full cost of reviewing each stay request. In other words, ICE says it has been losing money on every Form I-246 it processes for decades. The agency is now proposing to close that gap all at once. Even adjusting only for inflation since 1989, the fee would be around $395 — but DHS says the true cost of processing each application is higher than inflation alone would suggest.
Deportation Defense Checklist — Free
Immigrant rights, appeals and protective measures
What This Means If You Are Facing Deportation
A stay of deportation gives you extra time to pursue other legal options — for example, filing an appeal or waiting for a court decision. Without a stay, ICE can remove you even while your case is still being reviewed. The Form I-246 is one tool people use to buy that time. If this fee increase takes effect, many people in removal proceedings — especially those with limited income — may find it harder to afford this protection. DHS notes that fee waivers for financial hardship may still be available, though the agency says it has very little data on how many waivers have been approved in the past.
What to Do
- Submit a public comment before July 6, 2026. Go to regulations.gov and search for Docket No. ICEB-2020-0005. Only comments submitted through that website will be considered. Emails and letters to DHS officials will not count.
- If you are already in removal proceedings, talk to an immigration lawyer now. A stay of deportation is time-sensitive, and the current $155 fee is still in effect while this rule is proposed — not yet final.
- Ask about a fee waiver. If you cannot afford the fee, lawyers recommend asking ICE about a hardship waiver when you file Form I-246.
- Explore other options to pause removal. Courts and the Department of Justice's immigration courts (EOIR) can also grant stays of removal in some situations. An attorney can tell you which path fits your case.
Fishkin Law Firm, New York
Anyone currently under a removal order should not wait for this rule to become final before acting — file Form I-246 now at the existing $155 fee if you need a stay, because delays can result in removal before any legal remedy is available. If cost is a barrier, request a fee waiver in writing when you submit the application and document your financial hardship carefully. This proposed rule is also in a public comment period through July 6, 2026, so affected individuals and their advocates should submit comments — courts have sometimes considered public opposition in regulatory challenges. Consult an immigration attorney immediately to evaluate all available options for pausing removal in your specific case.