ICE Imposes $5,300 Fee on Immigrants: Who Must Pay and How to Avoid the Fine

The US Immigration and Customs Enforcement (ICE) began applying a $5,300 fee to certain immigrants as of October 16, 2026.

The measure affects foreigners with deportation orders issued in absentia who are later arrested by immigration agents.

It also applies to individuals considered inadmissible who are detained between official US ports of entry.

The Department of Homeland Security (DHS) announced the inflation adjustment, which represents a $170 increase from the previous amount.

ICE Charges $5,300 to Immigrants: Who Must Pay Now?

The fee applies to individuals who failed to appear before an immigration judge and received a deportation order in absentia.

However, not all individuals with deportation orders are automatically subject to this fee.

The legislation requires that conditions related to notification of the proceedings, the immigrant’s absence, and the corresponding court ruling be met.

The DHS must demonstrate that the required notice was given and that there are legal grounds for the deportation order.

ICE and CBP Can Charge the New Immigration Fee

The adjustment also includes certain foreigners considered inadmissible who are detained after crossing between authorized border points.

In these cases, both ICE and US Customs and Border Protection (CBP) may intervene in determining the fee.

YOU MAY BE INTERESTED: JD Vance admits ICE agent errors and opens debate on punishment for abuse

The provision applies to situations related to unauthorized entry, lack of formal admission, and other grounds for inadmissibility established by law.

Authorities must identify the particular circumstances of each individual before determining whether to apply the federal fee.

Why Did the Immigration Fee Increase to $5,300?

The update is part of federal law HR-1, enacted on July 4, 2025, which establishes periodic inflation adjustments.

The amount started at $5,000 in September 2025 and later increased to $5,130 in December of the same year.

For the 2027 fiscal year, the DHS used the Urban Consumer Price Index to calculate the corresponding increase.

The result was $5,302.62, but the legislation requires rounding down to the nearest multiple of ten dollars.

How Can Affected Immigrants Avoid the Fee?

The legislation provides exceptions for those who manage to annul a deportation order issued for failing to attend an immigration hearing.

An individual can request reopening within 180 days if they demonstrate that exceptional circumstances prevented their attendance.

There are also procedures without this time limit when adequate notification was lacking or the person was detained for reasons beyond their control.

The DHS reported that it will send individual notifications with payment instructions, so receiving official communication will be crucial to identifying obligations.