The Department of Homeland Security (DHS), through US Immigration and Customs Enforcement (ICE), has issued a proposed rule to significantly increase the filing fee for Form I‑246, Application for a Stay of Deportation or Removal, from $155 to $755.
If finalized, this change would mark the first adjustment to the fee since 1989, reflecting updated adjudication costs and a shift toward full cost recovery.
What Is Form I‑246?
Form I‑246 is used by individuals who are subject to a final order of removal or deportation to request a temporary stay of removal from ICE.
A stay does not grant legal status but may delay removal for reasons such as:
- Medical conditions
- Ongoing legal proceedings
- Humanitarian considerations
- Situations where removal is impractical or not in the public interest
Proposed Fee Increase: $155 to $755
DHS proposes to raise the Form I‑246 filing fee by $600 (approximately a 387% increase) to align with current adjudication costs.
According to DHS:
- The current $155 fee no longer reflects the actual cost of adjudication
- A 2025 cost analysis estimates $755 per application is required to cover labor, administrative, and operational expenses
- The increase would ensure that applicants — not taxpayers — bear the cost of processing these requests
Rationale
DHS states that the proposed increase is intended to:
- Achieve full cost recovery for adjudicating stay applications
- Reduce reliance on taxpayer funding for immigration‑related services
- Support ICE’s operational costs, including:
- Case review and interviews
- Fraud detection and background checks
- Administrative processing and decision‑making
The proposed rule also aligns with federal guidance requiring agencies to periodically review and update user fees to reflect actual service costs.
Impacts
1. Higher Cost for Stay Requests
Applicants seeking a stay of removal would face a substantially higher filing fee, which could impact access for individuals with limited financial resources.
2. Fee Waivers Remain Available
DHS confirmed that fee waivers will continue to be available, allowing applicants to request relief based on financial hardship by submitting supporting documentation.
3. Potential Increase in Fee Waiver Requests
DHS acknowledges that the higher fee may lead to an uptick in fee waiver requests, though the agency does not have sufficient historical data to estimate the impact.
What’s Next
The proposed rule is currently open for public comment for 60 days following publication in the Federal Register.
DHS may revise the proposal based on stakeholder feedback before issuing a final rule.
Erickson Insights and Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.