Immigration Court Fees Rise in 2026: What It Means for You
Starting June 11, 2026, filing fees at US immigration courts went up — and for some asylum seekers, a new annual fee now has no waiver option, no matter how little money they have. The Department of Justice says the changes are required by a new law. For immigrants already fighting removal proceedings or waiting years for an asylum decision, the costs are real and immediate.
The Department of Justice has issued a new rule that raises fees for filings at immigration courts and the Board of Immigration Appeals (BIA — the main appeals court for immigration cases). The rule took effect June 11, 2026. If you have a case in immigration court, or you are thinking about filing an appeal or motion, these changes affect you directly.
What changed and how much does it cost now?
Under the new rule, filing an appeal with the BIA now costs $1,030. If you are in removal proceedings (the formal legal process where the government tries to deport you) and want to apply for suspension of deportation or special rule cancellation, fees range from $775 to $1,705 depending on the type of case. There is also an Annual Asylum Fee (AAF) of $102. This fee applies to asylum seekers whose applications have been pending for at least one year as of October 1, 2025. The law behind this rule — known as the OBBBA — strictly prohibits EOIR from waiving or reducing the AAF. That means no fee waiver is available for this specific charge, even if you have very little money.
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The rule also changes how you pay. EOIR stopped accepting checks and money orders on February 23, 2026. All fees must now be paid electronically through the EOIR Payment Portal. This shift follows a federal executive order requiring government agencies to move to electronic payments. If you have a pending case, check the EOIR Payment Portal to confirm which fee amount applies to your filing date.
Can you comment on this rule?
This is an interim final rule, which means it is already in effect — but the government is still accepting public comments. You can submit your comment online at regulations.gov using docket number EOIR-26-AB41. Comments must be in English and must be submitted by July 13, 2026 at 11:59 p.m. Eastern Time. EOIR will not accept comments by email, mail, or hand delivery.
What to do
- If you have an immigration court case, log in to the EOIR Payment Portal to check what fees apply to your situation and your filing date.
- If you need to file an appeal with the BIA, be ready to pay $1,030 electronically — checks and money orders are no longer accepted.
- If your asylum application has been pending for at least one year as of October 1, 2025, ask your immigration lawyer (or a nonprofit legal aid organization) about the $102 Annual Asylum Fee and when your payment deadline is.
- If you want to comment on this rule, go to regulations.gov and search for docket EOIR-26-AB41. Submit your comment before July 13, 2026.
Fishkin Law Firm, New York
The prohibition on fee waivers for the Annual Asylum Fee is a significant hardship for low-income asylum seekers — unlike most EOIR fees, there is no safety valve here, so missing the payment deadline set by the immigration judge could hurt your case. If you receive any notice about the AAF, do not ignore it: ask an attorney immediately about the deadline and how to pay through the EOIR Payment Portal. Given the complexity of these new fee rules and their interaction with pending litigation, consulting an immigration attorney before filing any motion or appeal in 2026 is strongly advisable.