DHS has published a proposed rule to update a fee created by the HR-1 Budget Reconciliation Act. The fee would apply to certain people who were ordered removed in absentia, did not depart the United States, and are later arrested by ICE.
Under the proposal, the fee would rise from $5,130 to $18,000. DHS also says it would adjust the fee for inflation each year.
The rule is described as a change to the fee set out in section 100016 of HR-1. The excerpt does not explain how DHS would calculate the inflation adjustment, so readers should review the full proposal for details.
This change would affect people who fall within the specific situation described above—an absentia removal order, failure to depart, and later ICE arrest—because the fee amount would be higher and would increase over time with inflation.
For the official document, see: https://www.federalregister.gov/documents/2026/05/20/2026-10082/increasing-the-fee-for-certain-aliens-ordered-removed-in-absentia-as-established-by-the-hr-1-reconciliation-bill