Status as of October 5, 2026. Two immigration enforcement fees created by H.R. 1 increase from $5,130 to $5,300 on October 16, 2026. DHS says it will begin assessing and collecting the new fiscal year 2027 amounts on that date.
The October 1 Federal Register notice covers two enforcement fees, not ordinary USCIS filing fees. One concerns certain people who were ordered removed in absentia and are later arrested by U.S. Immigration and Customs Enforcement. The other concerns inadmissible noncitizens apprehended by the Department of Homeland Security between ports of entry.
The two fees that rise to $5,300
Fee | FY2026 | FY2027 | Effective date |
|---|---|---|---|
In absentia removal order followed by ICE arrest | $5,130 | $5,300 | October 16, 2026 |
Inadmissible noncitizen apprehended between ports of entry | $5,130 | $5,300 | October 16, 2026 |
Fee for an in absentia removal order followed by ICE arrest
H.R. 1 section 100016, codified at 8 U.S.C. 1814, applies when a person has been ordered removed in absentia under INA section 240(b)(5) for failing to attend removal proceedings and is subsequently arrested by ICE.
The statute provides an exception when the in absentia removal order is rescinded under INA section 240(b)(5)(C). The Federal Register notice also states that no waiver is available for this fee.
Fee for apprehension between ports of entry
H.R. 1 section 100017, codified at 8 U.S.C. 1815, applies to a person who is inadmissible under INA section 212 and is apprehended by DHS between ports of entry. DHS says both ICE and U.S. Customs and Border Protection may assess and collect this fee.
Why the amount changed
H.R. 1 requires annual inflation adjustments. DHS used the July 2025 and July 2026 Consumer Price Index for All Urban Consumers and applied a multiplier of 1.03365 to the FY2026 amount of $5,130. The calculation produced $5,302.62, which the statute's rounding rule reduces to $5,300.
DHS says it will individually notify people to whom the fees apply and provide payment instructions. These fees are separate from the FY2027 USCIS H.R. 1 filing-fee changes described in Factum Immigration's USCIS fee update.
Frequently asked questions
When do the $5,300 enforcement fees take effect?
They take effect October 16, 2026. DHS says it will begin assessing and collecting the FY2027 amounts on that date.
Does the $5,300 in absentia fee apply if the removal order is rescinded?
No. H.R. 1 provides an exception when the in absentia removal order is rescinded under INA section 240(b)(5)(C).
Are these the same as USCIS filing fees?
No. These are two DHS immigration enforcement fees. USCIS separately published FY2027 adjustments for several H.R. 1 benefit-related fees.
Official sources
ICE: Detention and Deportation
Disclaimer: Factum Immigration is a journalistic publication. This article is provided for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Immigration laws, regulations and agency practices may change. For advice about an individual case, consult a qualified immigration attorney or an accredited representative.