Base
Proposed RuleOpen for Comment2026-100822026-05-20

Increasing the Fee for Certain Aliens Ordered Removed in Absentia as Established by the HR-1 Reconciliation Bill

Homeland Security Department, U.S. Immigration and Customs Enforcement

Abstract

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.

Action & Dates

Action
Notice of proposed rulemaking (NPRM).
Dates
Comments must be received on or before June 22, 2026.

CFR References

Topics

Administrative practice and procedureAuthority delegations (Government agencies)FeesFreedom of informationImmigrationPrivacyReporting and recordkeeping requirementsSurety bonds

Public Comment

Comments Close
2026-06-22 — Open for comment

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Homeland Security U.S. Immigration and Customs Enforcement 8 CFR Part 103 [Docket No: ICEB-2026-0034] RIN 1653-AA98 ( printed page 29380) AGENCY: U.S. Immigration and Customs Enforcement (“ICE”), Department of Homeland Security (“DHS”). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: 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. DATES: Comments must be received on or before June 22, 2026. ADDRESSES: You may submit comments on this NPRM, identified by DHS Docket Number ICEB-2026-0034, through the Federal eRulemaking Portal at https://www.regulations.gov . All comments must be submitted in English, or an English translation must be provided. Follow the website instructions for submitting comments. Comments submitted in a manner other than the one listed above, including emails or letters sent to DHS officials, will not be considered comments on the rule and may not receive a response from DHS. DHS cannot accept any comments that are hand-delivered or couriered. In addition, DHS cannot accept comments contained on any form of digital media storage devices, such as CDs, DVDs, or USB drives.

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Full Document

Citation: 91 FR 29380