ICE Proposes 387% Fee Hike for USA Immigration Stay of Deportation: What Every Immigrant Must Know

If you or someone you love is facing deportation or removal from the United States, there is a critical tool available called the Stay of Deportation or Removal — applied for using Form I-246. This application allows immigrants to request a temporary pause on their removal while they pursue legal options, gather evidence, or wait for a court decision. It can be a lifeline in one of the most frightening moments an immigrant family can face.

But now, that lifeline is about to become significantly more expensive. On May 7, 2026, U.S. Immigration and Customs Enforcement (ICE) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register proposing to raise the fee for Form I-246 from $155 to $755 — a staggering 387% increase. If this rule is finalized, it would be the first fee adjustment for Form I-246 since 1989, when the fee was set over three decades ago. The public comment period is open until July 6, 2026, and your voice matters.

Understanding what this change means — and what you can do about it — is essential for any immigrant or family member navigating the U.S. immigration system right now. This guide breaks down everything you need to know in plain language.

What Is Form I-246 and Who Uses It?

Form I-246, officially titled the Application for a Stay of Deportation or Removal, is a request filed with ICE asking the agency to temporarily delay removing someone from the United States. It is typically used by immigrants who have been issued a final order of removal — meaning an immigration judge has ruled that they must leave the country — but who have urgent reasons why immediate deportation would cause serious harm.

Common situations where immigrants file Form I-246 include:

• Waiting for a pending appeal to a federal court or the Board of Immigration Appeals (BIA)
• Seeking time to gather new evidence or witnesses that were unavailable during the original hearing
• Medical emergencies or serious health conditions that make immediate travel dangerous
• Situations where deportation would separate a U.S. citizen child from a parent
• Cases where new country conditions make return to the home country dangerous

A stay of removal does not guarantee that an immigrant will be allowed to remain in the United States permanently. It simply buys critical time — time that can make the difference between a family staying together and a parent being forced to leave children behind.

Why Is ICE Raising the Fee by 387%?

According to the proposed rule published in the Federal Register (91 FR 24739, May 7, 2026), ICE conducted a comprehensive fee analysis in 2025 based on a labor survey from 2020. The analysis found that the current $155 fee falls far short of covering the actual cost of adjudicating a stay request.

ICE calculates that each Form I-246 application costs approximately $755 to fully process, taking into account:

• Labor costs — the time spent by ICE officers and staff reviewing the application
• Equipment and overhead — the operational costs associated with running the adjudication process
• Fraud detection — screening applications for potential misrepresentation
• Background checks — security vetting of applicants
• Customer support and administrative tasks — case management and communication

The agency argues that the current fee, which has not been updated in 37 years, no longer reflects the real cost of processing these applications and that taxpayers are effectively subsidizing the difference. ICE states that the proposed fee increase is necessary to achieve full cost recovery for this service.

What Does This Mean for Immigrants Facing Removal?

For immigrants and families already under enormous financial and emotional stress, a nearly four-fold fee increase could be devastating. Here is the practical reality:

The barrier to accessing relief gets higher. Many immigrants facing deportation are low-income workers, undocumented individuals, or asylum seekers who have been in legal limbo for years. Finding $155 was already a stretch for many families. Coming up with $755 — nearly five times the monthly rent in some regions — could be impossible without help.

Some families may not file at all. When fees rise this sharply, some people simply give up. That means immigrants with legitimate and compelling reasons to stay in the United States — including parents of U.S. citizen children and people with serious medical conditions — may be removed without ever getting the chance to be heard.

Fee waivers may be available but are not guaranteed. ICE acknowledges in the proposed rule that this increase could create financial hardship. The agency notes that applicants who cannot pay may request a fee waiver. However, fee waivers are not automatic — they must be applied for separately and approved, adding another layer of complexity for vulnerable immigrants already navigating a confusing system.

Timing matters. This is still a proposed rule, not a final regulation. It must go through a public comment process before it can take effect. That means there is still time to speak up.

How to Submit a Comment Before the July 6, 2026 Deadline

The most important thing you can do right now — whether you are an immigrant, an advocate, a family member, or simply someone who believes in fairness — is submit a public comment opposing or raising concerns about this proposed fee increase. Every comment submitted becomes part of the official administrative record and must be considered by ICE before finalizing the rule.

Here is how to submit your comment:

• Visit the Federal Register at federalregister.gov and search for Docket No. ICEB–2020–0005
• Click “Submit a Formal Comment” on the rule’s page
• Share your personal experience, explain the financial hardship this would cause, or describe how this change could prevent vulnerable immigrants from accessing relief
• Comments must be submitted by July 6, 2026

You do not need to be a lawyer to comment. Plain-language, personal statements from individuals and families are especially powerful in the administrative process. If you work with immigrants — as a social worker, community organizer, pastor, or teacher — your perspective carries significant weight as well.

Steps to Protect Yourself If You Have a Removal Order

If you or a family member currently has a final order of removal and you are concerned about how this fee increase might affect you, here are practical steps to take right now:

• Consult an immigration attorney immediately. A qualified lawyer can review your case, evaluate whether a Stay of Removal application makes sense for your situation, and advise you on alternatives such as motions to reopen, appeals, or other forms of relief.
• File your I-246 under current fee rules if you qualify. The fee increase has not taken effect yet. If you believe you need a stay and meet the criteria, consult with an attorney about filing now while the fee is still $155.
• Ask about fee waivers. If you cannot afford the filing fee — current or proposed — ask your attorney or legal aid organization about how to request a fee waiver from ICE.
• Seek help from nonprofit legal organizations. Many nonprofit immigration legal services organizations provide free or low-cost assistance to immigrants facing removal. Search for accredited representatives in your area through the Department of Justice’s website.
• Do not ignore removal orders. Ignoring a final order of removal can have serious long-term consequences, including permanent bars on returning to the United States. Always address removal orders proactively with legal guidance.

Conclusion: Your Voice Can Make a Difference

The proposed 387% fee hike for Form I-246 is one of the most significant and least-publicized immigration policy changes of 2026. It has the potential to block thousands of vulnerable immigrants from accessing a critical legal remedy at the moment they need it most. But because this is still a proposed rule, the public comment process is a real opportunity to push back.

If you or someone you know is affected by this proposed change, do not wait. Speak with an immigration attorney, submit your comment by July 6, 2026, and connect with local advocacy organizations that can help you navigate these uncertain times. For the full details of the proposed rule and authoritative legal guidance, visit the American Immigration Lawyers Association at aila.org or consult a qualified immigration attorney in your area.