The Executive Office for Immigration Review (EOIR) is preparing a fee update for individuals involved in removal proceedings. The new regulations are expected to take effect in January 2022. The last effort to adjust pricing remains blocked.

A D.C. federal judge temporarily blocked six EOIR fee changes that were scheduled to take effect in 2021. Litigation at that time raised several challenges as some of the fees were scheduled to increase by as much as 700%. These increases remain inactive as of the time of this writing.

The lawsuit paused just after President Biden took office. The previous administration recommendations have been under review by the EOIR since February, at the direction of President Biden. Fee rules are being reviewed under the Biden Administration’s “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans” Executive Order.

The administration published their Spring Unified Agenda in June. New proposed fee changes were scheduled to take effect in August 2021.

However, as of August 30, 2021, the agency is now targeting January 2022 to publish the considered proposal to modify various portions of the final rule. To that end, the individuals involved in the lawsuit and the Biden Administration asked the Federal Judge to continue to keep the lawsuit on hold until February 2022.

Under the previous administration, some price increases were set to increase dramatically. As an example, the cost of filing a Notice of Appeal was $110. Under the Trump proposed regulations, the cost would have increased to $975. This increase never took effect due to the D.C. Federal Judge’s actions. Another example is the Cancellation of Removal filing going from $100 to $300.

During the 30-day Public Comment period, more than 600 comments were submitted. All but one opposed the price changes, per the Department of Justice.

If you have questions about filing fees, timing, or any other immigration-related question, contact us at ILBSG. We work with you for your specific situation to give you the support you need and get the right advice.

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