Immigration fees for two DHS enforcement actions will increase to $5,300 beginning October 16, 2026, under a Federal Register notice issued by U.S. Immigration and Customs Enforcement.
The increase applies to people covered by two immigration enforcement fees created by the One Big Beautiful Bill Act, also known as HR-1.
These immigration fees apply only in specific enforcement circumstances, rather than to everyone involved in an immigration case.
One fee applies when a person has been ordered removed in absentia and is later arrested by ICE.
The second applies to an inadmissible person apprehended by DHS between ports of entry.
The new immigration fees replace the $5,130 fees that took effect on December 1, 2025.
Table of Contents
Two immigration fees will change on October 16
The Department of Homeland Security said both immigration fees will be adjusted to $5,300 for fiscal year 2027.
| Fee category | FY 2026 amount | FY 2027 amount | Effective date |
|---|---|---|---|
| Removal order issued in absentia followed by an ICE arrest | $5,130 | $5,300 | October 16, 2026 |
| Inadmissible person apprehended between ports of entry | $5,130 | $5,300 | October 16, 2026 |
The notice does not create a general charge for every immigrant, every person in removal proceedings or every person encountered by immigration authorities.
Instead, the immigration fees apply only when the statutory conditions for one of the two specific fees are met.
How the annual increase was calculated
HR-1 requires DHS to adjust these immigration fees each fiscal year according to inflation.
The calculation uses the Consumer Price Index for All Urban Consumers, commonly called CPI-U, for July of the year before the adjustment takes effect.
For the fiscal year 2027 adjustment, DHS used a July 2026 CPI-U of 333.918 and a July 2025 CPI-U of 323.048.
The resulting multiplier was 1.03365.
Applying that multiplier to the prior $5,130 fee produced $5,302.62 before the statutory rounding rule was applied.
HR-1 requires the adjusted amount to be rounded down to the next lower multiple of $10.
That calculation produced the final $5,300 amount for these immigration fees.
The increase is $170 compared with the FY 2026 fee and $300 compared with the original $5,000 amount used when DHS began collecting the fees in September 2025.
Who may face the in absentia removal fee
The first immigration fee concerns a removal order issued when a person did not attend an immigration court proceeding.
Under the notice, the fee applies when an immigration judge orders the person removed in absentia under section 240(b)(5) of the Immigration and Nationality Act and ICE later arrests that person.
An in absentia order generally involves a failure to appear after the required written notice was provided to the person or the person’s attorney of record.
The government must establish the required notice and removability under the legal standard described in the immigration statute.
The immigration fee is not necessarily permanent in every case.
HR-1 provides an exception when the in absentia removal order is rescinded under the applicable provisions of the INA.
The statute permits rescission in circumstances that can include exceptional circumstances, lack of legally sufficient notice or custody-related reasons for the failure to appear.
The Federal Register notice also states that HR-1 does not provide a waiver for this enforcement fee.
People who believe an in absentia order was issued incorrectly or who may qualify to seek rescission should obtain individualized advice from a qualified immigration attorney or accredited representative.
Who may face the apprehension fee
The second immigration fee applies to a person who is inadmissible under section 212 of the INA and is apprehended by DHS between ports of entry.
The notice says both ICE and U.S. Customs and Border Protection may collect or assess this immigration fee, depending on the circumstances.
Many people apprehended between ports of entry may be considered inadmissible under section 212(a)(6), which addresses presence in the United States without admission or parole or arrival at a place other than one designated for admission.
The notice also explains that other statutory grounds of inadmissibility may apply.
That means the immigration fee is tied to an individual legal determination and is not described as an automatic charge imposed solely because a person was encountered near the border.
The notice does not establish a new process for deciding every immigration case.
It announces the amount DHS will collect when the statutory requirements for this particular fee are satisfied.
How DHS says payment will work
DHS said it will continue individually notifying people who are subject to the immigration fees.
The notification is expected to include instructions explaining how to make payment.
The Federal Register notice does not announce a public application form for members of the general public to use voluntarily for these immigration fees.
People who receive a notice should review the document carefully and confirm that it identifies the correct fee, legal basis and payment instructions.
They should be cautious about unsolicited messages, unofficial payment requests or demands to send money through gift cards, cryptocurrency or personal accounts.
Government notices should be checked against official DHS, ICE or CBP information before payment is made.
Anyone who does not understand why an immigration fee was assessed should seek legal help promptly, particularly if the notice is connected to an arrest, removal order or pending immigration proceeding.
What the notice means for affected immigrants
The practical effect is a higher financial obligation for people who fall within either statutory category on or after October 16, 2026.
The notice does not say that the immigration fee will be charged to every person with an immigration court case.
It also does not say that paying the fee resolves a removal case, cancels an order of removal or grants lawful status.
Payment of these immigration fees and immigration case outcomes are separate issues unless another official notice or legal order provides otherwise.
People with an in absentia order should pay close attention to deadlines for any motion to reopen or rescind the order.
People apprehended between ports of entry should ask their legal representative how the fee interacts with their individual inadmissibility and removal proceedings.
Because the notice concerns enforcement-related charges rather than ordinary USCIS filing fees, applicants should not assume that these immigration fees can be paid through the same process used for applications for adjustment of status, employment authorization or naturalization.
Why the date matters
The Federal Register notice was published October 1, 2026, but the new immigration fees do not take effect until October 16, 2026.
That 15-day gap gives affected agencies time to implement the fiscal year 2027 amounts.
For cases that may cross the effective date, the controlling amount may depend on when the fee is assessed under the statute and agency procedures.
Individuals should rely on the written notice they receive and obtain case-specific legal advice rather than assume that the older or newer amount applies.
The notice continues a pattern established after HR-1 created the immigration fees in 2025.
DHS initially announced a $5,000 amount for fiscal year 2025, increased it to $5,130 for fiscal year 2026 and will use $5,300 for fiscal year 2027.
Key steps for people who receive a fee notice
People who receive notices about immigration fees should take the following steps:
- Read the entire notice and identify whether it concerns an in absentia removal order or an apprehension between ports of entry.
- Check the assessment date, stated amount, payment deadline and official payment instructions.
- Compare the notice with information available through official DHS, ICE or CBP channels.
- Keep copies of the notice, payment records and any correspondence with the agency.
- Consult a licensed immigration attorney or Department of Justice-accredited representative if the legal basis is unclear or the person disputes the assessment.
- Do not ignore a separate immigration court, ICE or CBP deadline simply because the fee notice is being reviewed.
People should also update their mailing address with the appropriate immigration agency or court when required.
Missing a notice can create additional complications in a case, especially when an individual already has a pending proceeding or prior removal order.
Bottom line
DHS will raise two HR-1 immigration fees to $5,300 on October 16, 2026.
The increase affects people with qualifying in absentia removal orders who are later arrested by ICE and people who are inadmissible and apprehended between ports of entry.
DHS says it will notify affected individuals directly and provide payment instructions for the immigration fees.
The amount is adjusted annually under the inflation formula established by federal law, and the Federal Register notice does not provide a general waiver for the in absentia enforcement fee.
Frequently Asked Questions
When do the new $5,300 immigration fees take effect?
DHS will begin assessing and collecting the FY 2027 amounts on October 16, 2026.
Who may be charged the $5,300 in absentia removal fee?
The fee may apply when a person has been ordered removed in absentia under INA section 240(b)(5) and is later arrested by ICE.
Who may be charged the apprehension fee?
The fee may apply to a person who is inadmissible under INA section 212 and is apprehended by DHS between ports of entry.
Can the in absentia enforcement fee be waived?
The Federal Register notice states that HR-1 does not provide waivers for the in absentia enforcement fee.
Will DHS automatically charge every immigrant $5,300?
No. The amounts apply only when the statutory conditions for one of the two specific enforcement fees are met.
Fact-Checked: Verified against the October 1, 2026 Federal Register notice, Public Law 119-21 and the cited U.S. Code provisions.
Disclaimer: This article is for general information and is not legal advice. Individual immigration cases may require advice from a qualified attorney or accredited representative.
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