The Department of Homeland Security is proposing to raise from $5,130 to $18,000 a fee charged to certain immigrants ordered removed in absentia and later arrested by U.S. Immigration and Customs Enforcement, arguing the higher amount better reflects the cost of arresting, detaining, processing and removing them.
The proposal, published Wednesday in the Federal Register, would also codify the fee in regulation and make clear that it will be adjusted annually for inflation. DHS said comments on the rule will be accepted through June 22, 2026.
Under current law, the fee applies to noncitizens who were ordered removed after failing to appear for immigration proceedings and are later taken into ICE custody, unless the removal order is rescinded. DHS said the fee is meant as partial reimbursement to the government for enforcement costs and would apply only after the final rule takes effect.
In the notice, DHS said the average cost of immigration enforcement for one person was $18,042 in fiscal 2024 dollars adjusted to 2026, based on its immigration enforcement lifecycle model. The agency said the existing $5,130 fee is too low to cover those costs and that the increase would help reduce strain on ICE resources.
The department also pointed to a sharp rise in in absentia removal orders, saying such orders increased from 62,510 in 2022 to 222,920 in 2024, and reached 309,700 in 2025. DHS said 23,670 arrests involved people who had previously received in absentia removal orders in fiscal 2025.
DHS said the fee would not apply if an immigration judge rescinds the removal order, including in cases involving lack of notice or exceptional circumstances. The notice also says people assessed the fee may dispute it within 30 days.
The department said it is accepting public comments online through Regulations.gov under docket ICEB-2026-0034. The proposed rule is part of DHS’ effort to use “all statutorily available tools” to support immigration enforcement and border security priorities, the notice said.
DHS says the proposal is meant to shift more of the enforcement cost onto the people subject to the order rather than taxpayers. The agency also argues the change could encourage more court appearances and discourage people from ignoring removal orders.
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.
