Latest Developments in

Immigration Law

Freezes on Immigration Court Fee Increases

The Trump administration moved to substantially increase the filing fees in immigration court. These new fees were intended to take effect on January 19th, 2021. However, U.S. District Judge Amit Mehta has temporarily halted some of the fee increases.

Which Fees Have Changed?
The following fees currently remain the same:

The form to appeal a decision made by an Immigration Judge (Form EOIR-26). The current filing fee is $110. Trump’s proposed increase to $975 has not taken effect.

The form to appeal a decision made by a DHS Officer (Form EOIR-29). The current filing fee is $110. Trump’s proposed increase to $705 has not taken effect.

The form to apply for Suspension of Deportation (Form EOIR-40). The current filing fee is $100. Trump’s proposed increase to $305 has not taken effect.

The form to apply for Cancellation of Removal for Permanent Residents (Form EOIR-42A). The current filing fee is $100. Trump’s proposed increase to $305 has not taken effect.

The form to apply for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent residents (Form EOIR-42B). The current filing fee is $110. Trump’s proposed increase to $675 has not taken effect.

The following fees have increased:
Filing a motion to reopen or reconsider now costs $145.

Filing the Immigration Practitioner Complaint form (EOIR-45) now costs $675.

Is the Judge’s Decision Final?
Judge Mehta’s suspension of the fee increases is currently a temporary order. The court case is still continuing, and there may be further changes surrounding the filing fees.

I Heard Something About a Fee for Asylum. Does This Court Case Affect That Fee?
Judge Mehta’s decision did not impact the proposed fee for asylum. However, there are two other court cases which have both halted the implementation of the $50 fee for applying for asylum. While those court cases continue, the filing fee for asylum is still $0.

I’m in Immigration Court. How Do I Know Which Forms to File and Which Fees to Pay?
Make an appointment with Attorney Jon Wu to discuss your case and the legal options available to you.

San Mateo Immigration Lawyer Serving San Francisco Bay Area