Published October 21, 2026
As of October 16, 2026, two immigration fines went up. They apply in very specific situations. The increase itself is small, $170, but the underlying point matters: these are new fines, created by a 2025 law, and they now rise automatically every year. Below we explain who they reach and who they do not.
In brief: what changed in these immigration fines
The Department of Homeland Security published the adjustment in the Federal Register on October 1, 2026, and it took effect on October 16, 2026.
Both fines rose from $5,130 to $5,300, an increase of $170.
The first applies to someone who received an in-absentia removal order and was later arrested by ICE.
The second applies to inadmissible people apprehended between ports of entry, meaning outside the official crossing points.
Both come from the law known as HR-1, the One Big Beautiful Bill Act, Public Law 119-21, signed July 4, 2025.
The increase is not discretionary: the law requires an annual adjustment for inflation, measured by the consumer price index.
For the first fine, the law provides no waivers. However, it does not apply if the in-absentia order is rescinded.
DHS notifies each affected person individually and provides payment instructions.
Important: these fines do not apply automatically to every immigrant. They depend on specific situations defined by law.
What exactly changed in these immigration fines?
The amount of two specific fines rose from $5,130 to $5,300. The notice appears in the Federal Register of October 1, 2026, document number 2026-20186. The amounts took effect on October 16. That is, the change is already active.
No new fines were created in this notice. Still, it is not a mere formality. This is the second time these amounts have risen since the law created them. Moreover, the structure is designed so they rise every year.
Which two immigration fines went up?
They are two separate charges, with separate causes, even though both landed on the same figure. It helps not to confuse them, because the situations that trigger them have nothing to do with each other.
Fine for an in-absentia removal order. It reaches people ordered removed for failing to attend their hearing, who are later arrested by ICE. It rose from $5,130 to $5,300.
Fine for apprehension between ports of entry. It reaches inadmissible people apprehended by federal authorities outside official entry points. It rose from $5,130 to $5,300.
Source: Federal Register, 91 FR 62542, notice of October 1, 2026, effective October 16, 2026. Verified October 21, 2026.
Where do these immigration fines come from?
From the law known as HR-1, the One Big Beautiful Bill Act, Public Law 119-21, signed July 4, 2025. That law created several new immigration fees and fines. The two in this notice come from its sections 100016 and 100017, now codified in title 8 of the United States Code.
Therefore, this is not an administrative decision taken last month. Rather, it is the annual application of something Congress established back in 2025.
Who does the in-absentia fine apply to?
Someone who received a removal order for failing to appear at their hearing and was later arrested by ICE. That order is known as an in-absentia order, and it comes from section 240(b)(5) of the Immigration and Nationality Act.
Two elements are worth underlining. First, the in-absentia order has to exist. Second, there has to be a later arrest by ICE. If either is missing, this particular fine is not triggered.
Careful: missing an immigration hearing was always serious. Now, in addition, it can carry a $5,300 charge.
Is there any way this fine does not apply?
Yes, one, and it is written into the law itself. The fine does not apply when the in-absentia order is rescinded under section 240(b)(5)(C) of the Immigration and Nationality Act. Outside that situation, the DHS notice states that the law provides no waivers for this charge.
Now, whether an in-absentia order can be rescinded depends entirely on the facts of each case. For example, why the person did not attend, whether they received notice of the hearing, and how much time has passed. That assessment cannot be made in general terms.
Important: this is exactly the kind of situation worth reviewing with an attorney before the file moves further. See our services for motions and immigration court representation.
Why do so many people miss an immigration hearing?
Rarely out of carelessness. In fact, the most common reasons are practical. One person moved and the hearing notice went to the old address. Another received a notice with the wrong date or the wrong court. Another never knew a hearing had been scheduled at all.
For that reason the law allows an in-absentia order to be rescinded in certain situations. Now, the burden of showing what happened falls on the person, and the deadlines are strict.
So it is worth insisting on the basics. Keep your address current with the court and with immigration authorities. Likewise, confirm your hearing dates yourself, rather than waiting for a paper to arrive. The immigration courts' automated line, 1-800-898-7180, runs 24 hours a day in English and Spanish.
Note: a notice sent to an old address can still count as delivered. That detail is the origin of many in-absentia orders.
Who does the between-ports fine apply to?
People who are inadmissible under section 212 of the Immigration and Nationality Act and are apprehended by federal authorities between official entry points. The notice clarifies that these are often cases of inadmissibility under section 212(a)(6), although other grounds can also apply.
In other words, the fine attaches to the place and manner of entry, not to the country of origin or the type of case the person may have afterward. Likewise, unlike the first fine, the notice mentions no waivers or exceptions for this one.
Why do these immigration fines rise every year?
Because the law requires it. HR-1 obligates DHS to adjust these amounts each fiscal year for inflation. The index used is the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics. The result is rounded down to the nearest $10.
In fact, this year's calculation is public and can be reproduced. The July 2026 index was 333.918 and the July 2025 index was 323.048. Therefore, the multiplier is 1.03365. Applied to $5,130, that yields $5,302.62, which rounds down to $5,300.
Fiscal year 2025: $5,000, announced September 8, 2025.
Fiscal year 2026: $5,130, effective December 1, 2025.
Fiscal year 2027: $5,300, effective October 16, 2026.
Source: Federal Register notices of November 20, 2025 and October 1, 2026. Verified October 21, 2026.
Therefore, it is reasonable to expect another adjustment next year. The exact figure will depend on inflation, but the direction is predictable.
How does a person find out they owe this?
The notice says DHS notifies each affected person individually. Likewise, it provides payment instructions, following the process it already has in place. That is, this is not something buried in the Federal Register that a person is expected to discover alone.
Note: if you receive a fine notice, keep it whole, with the envelope and the date. That document is part of your file and may matter later.
What do we recommend if you received a fine notice?
We recommend three things. First, do not ignore the document, because the problem does not resolve itself. Second, check whether an in-absentia removal order exists in your case. Indeed, that changes the picture entirely. And third, seek advice before paying or responding to anything.
At our firm, the review of your case happens in a consultation with attorney Jesús Reyes. Our consultations are not free. However, they allow us to analyze your file thoroughly and tell you honestly what legal alternatives exist in your situation. We also offer emergency consultations, which are scheduled sooner and cost more. You can schedule your consultation here.
You may also want to review our services for cancellation of removal and our article on tourist visa revocations affecting asylum applicants.
Frequently asked questions about these immigration fines
Do these immigration fines apply to every immigrant?
No. They apply only in two situations defined by law. One is an in-absentia removal order followed by an ICE arrest. The other is the apprehension of an inadmissible person between official ports of entry.
How much did they go up exactly?
From $5,130 to $5,300, meaning $170. The adjustment was published on October 1, 2026 and took effect on October 16, 2026.
Can I ask for the fine to be waived?
For the in-absentia fine, the DHS notice states the law provides no waivers. However, the fine does not apply if the in-absentia order is rescinded under the law. Whether that is possible in your case depends on specific facts.
Does paying the fine resolve my immigration situation?
No. It is a monetary charge. It grants no status and it does not cancel a removal order. For that reason it is worth reviewing the full picture before making any decision.
Will they keep going up?
Most likely yes. The law requires adjusting the amounts each fiscal year for inflation, so the figure changes on its own, without a new decision.
Where can I verify this information?
In the Federal Register, the government's official publication. At the end of this article we link the October 1, 2026 notice and last year's, so you can confirm it yourself.
Conclusion
The immigration fines that rose this month affect a defined group, not the whole community. Even so, they are worth knowing, because one of them is triggered by something many people underestimate: missing an immigration hearing.
In fact, the most useful part of this news is not the amount. It is the reminder that missed court dates carry consequences that stack up. Therefore, an in-absentia order is worth reviewing as soon as possible. It is important that you understand your real situation.
If you received a fine notice or have a removal order, contact us. In addition, we handle cases worldwide from our office in Miami, Florida. We are here to advise you and review your specific situation.
See also our frequently asked questions and the other updates on our blog.
