ICE just dropped a bombshell on the immigration community — they want to jack up fees by 250%. We’re talking about going from $5,130 to $18,000 for people who need to reopen their removal cases after being ordered removed in absentia. That’s not a typo. Eighteen thousand dollars. If you or someone you care about was ordered removed without being present at the hearing, you need to act fast. Our immigration team can help you understand what’s at stake before this fee hike becomes reality. Protect your rights — we handle the rest.
What’s Behind ICE’s Massive Fee Increase?
ICE published this proposed rule change in 2026 as part of H.R. 1 implementation. Here’s what it means: if you were ordered removed “in absentia” — basically, the court made a decision when you weren’t there — reopening that case could cost you $18,000 instead of the current $5,130.
Let’s be real. Five thousand was already crushing for most families. An $18,000 fee? That’s designed to shut people out completely. And here’s the kicker — they want to add annual inflation adjustments too. So that astronomical fee will keep climbing every single year.
An in absentia removal order occurs when an individual fails to appear for their scheduled immigration court hearing. This can happen for various reasons, including not receiving proper notice, medical emergencies, attorney abandonment, or other circumstances beyond the person’s control. Currently, individuals can file a motion to reopen these cases by demonstrating they did not receive proper notice or had exceptional circumstances preventing their appearance.
How This Affects Immigrants and Their Families
This proposed fee increase would disproportionately impact vulnerable immigrant communities who are already struggling financially. Many individuals subject to in absentia removal orders are asylum seekers, survivors of domestic violence, or individuals fleeing persecution who may not have the resources to pay such an exorbitant fee.
The increase would effectively create a two-tiered justice system where only wealthy individuals can afford to challenge wrongful removal orders. This is particularly concerning because many in absentia orders result from procedural issues rather than deliberate defiance of court orders.
Families would face impossible choices between paying this massive fee or accepting permanent separation from loved ones. The ripple effects extend beyond the individuals directly affected, impacting U.S. citizen children and spouses who depend on these family members for emotional and financial support.
Small business owners who employ immigrants may also face workforce disruptions as employees struggle with these legal challenges. The broader immigrant community would likely experience increased anxiety and reluctance to engage with the legal system, even when they have legitimate claims for relief.
What You Should Do Now
If you have an in absentia removal order or know someone who does, taking immediate action is crucial. Here are the essential steps you should consider:
Consult with an experienced immigration attorney immediately. Time is critical, and the current fee structure may not last long. An attorney can evaluate whether you have grounds to file a motion to reopen and help you navigate the complex legal requirements.
Gather all relevant documentation. This includes any notices you received (or failed to receive) from immigration court, medical records if illness prevented attendance, evidence of attorney abandonment, or documentation of other exceptional circumstances.
Consider filing a motion to reopen before the fee increase takes effect. Even if you’re not fully prepared, it may be worth filing under the current fee structure rather than waiting and facing the $18,000 cost.
Explore alternative forms of relief. Depending on your circumstances, there may be other avenues for obtaining legal status that don’t require reopening your removal case. These might include family-based petitions, asylum applications, or other forms of humanitarian relief.
Submit public comments on the proposed rule. The rulemaking process includes a public comment period where individuals and organizations can express opposition to the fee increase. Your voice matters in this process.
Why Choose Tez Law P.C.
At Tez Law P.C., managing attorney JJ Zhang (California Bar #326666) brings extensive experience in complex immigration matters, including motions to reopen removal cases. Our firm understands the urgency created by this proposed fee increase and is committed to helping clients navigate these challenging circumstances.
We provide comprehensive immigration services nationwide, meaning we can assist you regardless of your location in the United States. Our team has successfully handled numerous in absentia removal cases and understands the specific legal strategies needed to achieve positive outcomes.
Our approach combines aggressive legal advocacy with compassionate client service. We recognize that immigration matters affect entire families and communities, and we work tirelessly to achieve results that keep families together. Unlike larger firms that may treat clients as case numbers, we provide personalized attention and keep you informed throughout the entire process.
We also offer flexible payment arrangements and work with clients to make legal representation accessible, especially given the financial pressures created by proposed fee increases like this one.
Frequently Asked Questions
What is an in absentia removal order and how did I get one?
An in absentia removal order is issued when you fail to appear for your scheduled immigration court hearing. This can happen if you didn’t receive proper notice of your hearing date, had a medical emergency, your attorney abandoned your case, or other exceptional circumstances prevented your attendance. The order is entered automatically in your absence.
Can I still challenge my removal order if the fee increases to $18,000?
Yes, you can still file a motion to reopen, but the financial burden would be significantly higher. This is why it’s crucial to act now under the current fee structure. There may also be fee waiver options available in cases of extreme financial hardship, though these are difficult to obtain and have strict requirements.
How long do I have to file a motion to reopen my case?
Generally, you must file a motion to reopen within 180 days of the final removal order. However, there are exceptions for cases where you didn’t receive proper notice or had exceptional circumstances. The time limits can be complex, which is why consulting with an attorney immediately is essential to protect your rights.
Don’t let this proposed fee increase prevent you from pursuing your legal rights. The window of opportunity to file under the current fee structure may be closing rapidly. Contact Tez Law P.C. today for a free consultation to discuss your case and explore your options. Our experienced immigration team is ready to fight for your rights and help you navigate this challenging legal landscape. Time is of the essence – call us now to protect your future in the United States.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact Tez Law P.C. at 626-678-8677 or [email protected] for advice specific to your situation. Results may vary.