The Executive Office for Immigration Review (EOIR) has issued a new policy memorandum confirming how the controversial annual asylum fee will be collected in U.S. immigration courts and rescinding its prior fee guidance.
The memo, PM 26-01, signed by EOIR Director Daren Margolin and effective January 2, 2026, cancels Policy Memorandum 25-36 and restates that asylum seekers with long‑pending cases must pay a yearly fee mandated by Congress under the One Big Beautiful Bill Act (OBBBA).
EOIR emphasizes that, although the earlier memo was temporarily stayed by a federal court, the underlying statute requiring the fee was never blocked and continues to apply nationwide.
On July 4, 2025, President Donald J. Trump signed H.R. 1, known as the One Big Beautiful Bill Act, which imposed or increased numerous immigration‑related fees, including a new annual fee on asylum applications that remain pending for each calendar year. EOIR responded with fee implementation memoranda in July 2025, culminating in PM 25-36, which summarized the OBBBA provisions and integrated the new charges into EOIR’s existing fee structure.
On October 30, 2025, however, the federal district court in Maryland temporarily stayed EOIR’s PM 25-36 and a related USCIS fee notice in the case Asylum Seeker Advocacy Project (ASAP) v. USCIS, focusing on the legality of the annual asylum fee.
In the new memo, EOIR acknowledges that OBBBA clearly applies the annual asylum fee in fiscal year 2025 and that the statute does not allow fee waivers or reductions, but it agrees to a limited waiver to align with USCIS and resolve litigation uncertainty.
EOIR states it will waive the annual asylum fee for any asylum application that 1) had been pending for one year or more between July 5, 2025 and September 30, 2025, and 2) was administratively final by September 30, 2025, including certain cases that became final after appeal deadlines expired in October.
EOIR will attempt to collect the annual fee only for asylum applications that have been pending for at least one year on or after October 1, 2025, in line with USCIS’s position.
According to the memo and updated EOIR guidance, the annual asylum fee becomes due once an asylum application has been pending for a full calendar year, but EOIR will only expect payment after an immigration judge issues a written order setting a deadline and explaining how to pay.
EOIR notes that there is no legal bar to paying the fee as soon as it becomes due, and reports that more than 35,000 noncitizens have already paid through EOIR’s online payment portal since that option went live in October 2025.
The memo stresses that judges cannot be given a one‑size‑fits‑all deadline; instead, each judge must set payment timelines case by case, taking into account factors such as detention, criminal custody, representation, family‑unit filings, and prior fee payments.
EOIR devotes significant space to reaffirming immigration judges’ independence, explaining that neither the Director nor other EOIR leaders can dictate outcomes, deadlines, or statutory interpretations in particular cases.
The memo clarifies that if an asylum application is denied for failure to pay the annual fee after an order has been issued, applicants may still seek relief through motions to reopen or reconsider, appeals to the Board of Immigration Appeals, or petitions for review in the federal courts of appeals, rather than through Administrative Procedure Act lawsuits.
EOIR concludes by reiterating that PM 25-36 is formally rescinded, that adjudicators remain bound to apply the OBBBA fee provisions unless a court directly blocks the statute, and that the new memo does not create enforceable rights or dictate outcomes in any individual case.
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.
