Increasing the Fee for Certain Aliens Ordered Removed in Absentia as Established by the HR-1 Reconciliation Bill
Key claim: DHS/ICE proposes to increase the fee for certain aliens ordered removed in absentia who fail to depart and are arrested from $5,130 to $18,000, with annual inflation adjustments.
Abstract
(Proposed Rule · Homeland Security Department, U.S. Immigration and Customs Enforcement) DHS is proposing to update the fee required by section 100016 of the Budget Reconciliation Act (known as the HR-1). This fee applies to certain aliens ordered removed in absentia who fail to depart the United States and are subsequently arrested by ICE. DHS is proposing to increase the fee from $5,130 to $18,000. This rule also makes clear that DHS will adjust this fee for inflation each year.
Why this matters
Financial penalties tied to immigration enforcement outcomes shape both compliance incentives and the practical burden on noncitizens re-encountered by ICE. A roughly 3.5x increase in the in absentia failure-to-depart fee, plus automatic inflation indexing, meaningfully raises the stakes for individuals with outstanding removal orders and signals a broader use of monetary penalties as an enforcement lever.