Immigration Provisions in Budget Bill |
On July 4, President Trump signed the “One Big Beautiful Bill Act” into law. It contains a number of significant immigration provisions including new fees for various immigration-related applications. In most cases, these fees are in addition to existing fees. The fees listed are minimum fees that could increase by regulation and annually for inflation. In most instances, the fees are not waivable. Fees will take effect immediately under the statute; however, there may be delays in collection as the government operationalizes payment.
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| Fee Type | Minimum
Fee Amount | Fee
Waivable | | Asylum Application | $100 | X | • Annual Fee for
Pending Application | $100 | X | | • Initial EAD for AsylumApplicants | $550 | X | | • Renewal or extension EAD for Asylum Applicants | $275 | X | | Parole Applications (1) | $1,000 | X | | • Initial EAD for Parolees (limited to 1year) | $550 | X | | • Renewal or extension EAD for Parolees (limited to 1 year) | $275 | X | | Temporary Protected Status (TPS) Application | $500 | X | | • Initial EAD for TPS applicants (limited to1 year) | $550 | X | | • Renewal or extensionfor TPS holders (limited to 1 year) | $275 | X | | Special Immigrant Juvenile Application (2) | $250 | ☑ |
| Fee Type | Minimum
Fee Amount | Fee
Waivable | | Visa Integrity Fee for Nonimmigrant Visa Issuance (3) | $250 | X | | I-94 Application | $24 | X | | Immigration Court Filings | | • Adjustment of Status | $1,500 | ☑ | | • Waiver of Grounds of Inadmissibility | $1,050 | ☑ | | • TPS Application | $500 | ☑ | | • Application for suspension of deportation or cancellation of removal | $600 | | • Cancellation of Removal and Adjustment of Status Application for certain non-permanent residents | $1,500 | ☑ | | • Individuals removed in Abstentia | $5,000 | X | | Appeals | | • Immigration Judge decision (to BIA) | $900 | ☑ | | • DHS Officer | $900 | ☑ | | • Practitioner Disciplinary Decision | $1,325 | ☑ | | • Motion to Reopen or Reconsider IJ or BIA decision | $900 | ☑ | | ESTA Fee for Visa Waiver Applicants | $40 | ☑ | | EVUS Fee for Chinese B-1/B-2 visa holders | $30 | X | | Inadmissible individuals arrested between Ports of Entry | $5,000 | ☑ |
1 Certain case by case exceptions from fee for those who are paroled because of: 1) life threatening medical emergencies where treatment is unavailable in home country for self or parent or legal guardian; 2) urgent organ or tissue donation; 3) family member whose death is imminent; 4) funeral of close family member; 5) adopted child with urgent medical condition; 6) Lawful Permanent Resident (LPR) returning from temporary travel abroad; 7) return from a contiguous country to attend immigration hearing; 8) Cuban or Haitian entrant; assistance with law enforcement matter.
2 Applies to noncitizen applying for SIJS if reunification with 1 parent is possible.
3 DHS may reimburse the fee after visa expiration if the noncitizen demonstrates compliance with visa requirements, including not accepting unauthorized employment; the noncitizen departed the U.S. within 5 days of admission period, or extended or adjusted status during admission.
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The bill authorizes $170 billion for Trump's mass deportation and detention goals, $45 billion of which will go toward funding detention centers and $30 billion to fund ICE. Detention capacity will increase to 116,000 beds.
$46.5 billion will be allocated to complete Trump's border wall. $5 billion will fund CBP facilities and $10 billion for border security initiatives.
$13.5 billion will be set aside to reimburse states and local governments which assist the Federal Government in immigration enforcement.
$3 billion is authorized for the Department of Justice which supervises the Immigration Courts. However, strangely-enough, the new law caps the number of Immigration Judges at 800 despite the backlog of almost 4 million pending cases in the Immigration Court. In 2023, the Congressional Research Services estimated that over 1,300 Immigration Judges would be necessary to eliminate the court backlogs.
We predict that the Trump Administration intends to bypass the Immigration Courts and Constitutional Due Process in its Mass Deportation Efforts. |
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Disclaimer: This newsletter is not intended to establish an attorney-client relationship. All information contained in this newsletter is generalized. Any reliance on information contained herein is taken at your own risk. All content Copyright © Carl Shusterman 1995-2025, All rights reserved |
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