Proposed Fee Increase for Stay of Removal Requests
2 min read
If you have a removal order and are considering requesting a stay, there is something important you need to know right now.
The federal government has just published a proposal that could dramatically increase the cost of that process.
What is a stay of removal?
It is the official request that allows a person with a removal order to ask the government to suspend, or temporarily halt, that removal.
It is not a permanent solution. But it can provide valuable time while other legal options are explored.
The proposed increase
Currently, that application costs $155.
That fee was set in 1989 and has not changed in more than 37 years.
Now, the Department of Homeland Security, through ICE, is proposing to raise that fee to $755.
That is an increase of $600, nearly four times the current cost.
Official notice of the proposed fee increase:
Why the increase?
The government justifies this change by stating that the current fee does not cover the actual costs of the process, including labor, technology, and administrative expenses.
It also cites an executive order aimed at having applicants for immigration benefits bear those costs, rather than taxpayers.
Who does this affect?
This increase directly affects people who have a removal order and need time to resolve their immigration situation.
Fee waiver
There is an important note: the proposal keeps the option to request a fee waiver for those who cannot afford it.
To do so, you must submit a statement detailing your financial situation, under penalty of perjury.
If you are in this situation, consult an attorney before submitting any statement of this kind.
Comment period
This proposal is NOT yet a final rule. It is currently in a public comment period.
You have until July 6, 2026 to submit your opinion or official comment through the regulations.gov portal, using docket number ICEB-2020-0005.
Website: regulations.gov
Docket: ICEB-2020-0005
Your comment can make a difference.
If you have a removal order, or know someone who does, now is not the time to wait.
Evaluate your legal options now; before this proposal becomes law, you can protect your case and your family.
Contact us for a consultation with Attorney Jesus Reyes. We are here to help you.
Need legal advice?
Schedule your legal consultation and let us review your case.
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