Immigration Court Fees Rise in 2026: What It Means for You
If you are fighting deportation in US immigration court, the rules just changed — and they could cost you more money starting this month. The Department of Justice issued a new rule on <strong>June 11, 2026</strong>, raising and locking in fees for immigration court filings. For asylum seekers and others in removal proceedings, some of these fees can no longer be waived, no matter your financial situation.
New fees are now required to fight deportation in court
Starting June 11, 2026, the Department of Justice (DOJ) updated its fee rules for the Executive Office for Immigration Review (EOIR) — the agency that runs US immigration courts. These changes come from a new federal law. If you are in removal proceedings (the official process where the government tries to deport you), or if you want to appeal a judge's decision, you may now have to pay fees you did not have to pay before.
One important change involves the Asylum Application Fee (AAF). The new rule says EOIR cannot waive or reduce this fee. That means even if you cannot afford it, the agency is legally blocked from making an exception — unless a court orders otherwise. The rule also now requires that most fees be paid through the EOIR Payment Portal, an online system, in line with a 2025 executive order pushing agencies to use electronic payments.
Immigration Deadlines 2026 — Free
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There are some situations where you do NOT have to pay a fee. You are exempt if: a motion is already pending before the Board of Immigration Appeals (BIA — the court that reviews immigration judge decisions); you are only asking for a stay of removal (a temporary pause on deportation); the motion is filed jointly by both sides; or you are filing under a specific law that waives the fee. Motions filed by the government (DHS) also do not require a fee. The public has until July 13, 2026 to submit comments on this rule at regulations.gov.
What to do
- If you have a hearing or appeal coming up, check the EOIR Payment Portal now to see what fees apply to your specific case and when they are due.
- If you cannot afford the fees, talk to an immigration lawyer right away — some fee exemptions still exist, and an attorney can tell you if you qualify.
- If you want to comment on this rule, submit your comment in English at regulations.gov before July 13, 2026, using reference number RIN 1125-AB41.
- Do not send comments by email, mail, or USB drive — EOIR will not accept them. Only online submissions at regulations.gov count.
Fishkin Law Firm, New York
This rule removes EOIR's discretion to waive the Asylum Application Fee, which is a significant shift for low-income clients in removal proceedings. If you have a pending motion or appeal, verify your fee status on the EOIR Payment Portal immediately — paying the wrong amount or missing a deadline can result in your filing being rejected. Given how quickly these rules can affect open cases, consult an immigration attorney before your next court date.