National Immigration Project Submits Comment Opposing Increased ICE Arrest Fee

On May 20, 2026, the Department of Homeland Security issued a proposed rule to increase the in absentia removal order arrest fee authorized by the OBBBA from $5,000 to $18,000. This proposed rule contradicts the statute and is designed to punish noncitizens at the same time that the immigration courts and enforcement agencies are making it more likely that noncitizens will be ordered removed in absentia. The National Immigration Project comment strongly opposes the proposed rule.