President Donald Trump has signed the policy bill, and significant changes are set to impact the U.S. immigration system, particularly regarding asylum applications.
Under the new provisions, asylum seekers will now be required to pay a fee of $100 when submitting an asylum application, a process that was previously free of charge. The U.S. Citizenship and Immigration Services (USCIS) and Executive Office for Immigration Review (EOIR) are expected to issue rules and further guidance on this matter within the coming days.
Additionally, asylum applicants with pending applications will need to pay an annual fee of $100 for each year their case remains under review.
The initial House version of the bill proposed a $1,000 fee for asylum applications, but the final bill passed by the Senate reduced this amount to $100. This adjustment was made after the Senate Parliamentarian determined that the higher fee did not meet the requirements for passage with a simple majority under budget reconciliation rules.
The fee is set at a minimum of $100, with the possibility of being increased through regulations established by the Attorney General or the Secretary of Homeland Security.
The bill mandates that these officials collect the fee for asylum applications filed under Section 208 of the U.S. Code (8 U.S.C. 1158), in addition to any other legally authorized fees.
Starting in fiscal year 2025, the minimum fee is set at $100, but the Attorney General or the Secretary of Homeland Security may establish a higher amount through regulatory processes. This flexibility allows the administration to potentially increase the fee beyond $100.
From fiscal year 2026 onward, the fee will be adjusted annually based on inflation, using the Consumer Price Index for All Urban Consumers (CPI-U). The adjustment will involve multiplying the previous year’s fee by the percentage increase in the CPI-U from July of the prior year to July of the current year, with the result rounded to the nearest multiple of $10. For example, if the calculated fee is $117, it will be rounded to $120.
Of the fees collected, 50% of those received by the Attorney General will be allocated to the Executive Office for Immigration Review (EOIR), which oversees immigration courts. These funds can be retained and spent without further congressional appropriation.
Similarly, 50% of the fees collected by the Secretary of Homeland Security will be allocated to USCIS and deposited into the Immigration Examinations Fee Account. These funds can also be used without additional appropriation.
Any remaining fees not allocated to EOIR or USCIS will be deposited into the general fund of the U.S. Treasury. The same rules apply to the annual fees for pending asylum applications.
Immigration advocates have expressed concerns that this fee requirement could disproportionately affect low-income or persecuted individuals seeking asylum, who may struggle to afford the cost.
Historically, the U.S. has provided free asylum applications, reflecting the humanitarian principle that those fleeing persecution should face no financial barriers to seeking protection. The introduction of this fee represents a significant policy shift.
During its first term, the Trump administration attempted to impose a $50 asylum fee, but administrative challenges prevented its implementation.
Support NepYork – Your Nonprofit News Media for the Nepali Community
NepYork, a 501(c)(3) nonprofit, is the Showcase of Nepalis in New York, delivering timely local news and vital resources on immigration, housing, taxes, health, business, and more. Our mission is to safeguard community journalism, amplify the voices of Nepali immigrants in NYC, and foster understanding, solidarity, and empowerment.
By donating to NepYork, you help us enhance participation in democracy, improve access to essential resources, and share authentic stories that reflect the vibrant, diverse experiences of Nepali New Yorkers. Together, we can connect, inform, and empower our community. Every contribution ensures these voices are heard and valued.
Donate today to keep Nepali stories alive and thriving in New York!
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
