Immigration Court
Asylum seekers face a new annual fee in immigration court
EOIR’s interim rule also raises the price of appeals and motions to reopen or reconsider. Filing fees can now be paid directly to the agency, and comments are due July 13, 2026.
People pursuing asylum or other relief in immigration court now have a new fee schedule to navigate. The Justice Department said the rule takes effect June 11, 2026, and it tracks a recent federal law that added new charges.
- EOIR updated immigration court fees to match a new law.
- The rule took effect June 11, 2026.
- Asylum filings now carry an initial fee and an annual fee while pending.
- Some fee waivers and motion exceptions are narrower now.
- Comments are due July 13, 2026.
People trying to keep an immigration case moving now face a different price tag. The Department of Justice’s Executive Office for Immigration Review, or EOIR, issued an interim final rule on June 11, 2026, updating its fee regulations to comply with a recent federal law.
The changes touch applications for relief or protection from removal, appeals before the Board of Immigration Appeals, motions to reopen or reconsider, and asylum filings. For people already balancing lawyers’ fees, court dates and unstable work, filing costs can decide whether a case keeps moving at all.
What the new fees reach
EOIR says the statute’s charges are being folded into the agency’s existing filing fees rather than replacing them. That means the fee chart now reflects both the older EOIR service fees and the new amounts required by law for filings under 8 CFR Parts 1003, 1103, 1208 and 1240.
The rule also changes how asylum is priced. It adds an initial asylum application fee and an annual asylum fee for each calendar year a case remains pending, and EOIR says that yearly charge cannot be waived or reduced.
Who loses the safety valve
The law narrows some ways people can get out of paying. It forecloses fee waivers for certain application fees and limits some exceptions for motions to reopen or reconsider, while preserving a few narrow carveouts, including specific in absentia cases and motions filed by the government or jointly by the parties.
The agency is also changing how people can pay. Filing fees for appeals, motions, applications and other forms can now be paid directly to EOIR through its expanded payment portal instead of going through the Department of Homeland Security under the old setup.
A deadline for comments
The rule is already in effect, but EOIR is still taking comments through July 13, 2026.