What Is Removal In Absentia — and Why Does This Proposed Rule Matter?
If you have a pending immigration court case in the United States, one of the most serious mistakes you can make is missing your hearing. When an immigrant fails to appear before an immigration judge without a valid excuse, the judge can issue what is called a removal order in absentia — meaning you are ordered deported from the United States even though you were not present in the courtroom.
This situation can happen for many reasons: a notice of hearing may have been sent to an old address, a family emergency may have prevented attendance, or in some cases immigrants may not have fully understood their obligations. Whatever the cause, the consequences are severe — and they are about to become far more financially devastating if a new federal proposal takes effect.
On May 20, 2026, U.S. Immigration and Customs Enforcement (ICE) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register proposing to increase the fine for certain immigrants ordered removed in absentia from $5,130 to $18,000. According to the American Immigration Lawyers Association (AILA), this dramatic increase — more than triple the current amount — is based on Section 100016 of the Budget Reconciliation Act (H.R. 1). Public comments on the proposal are due by June 22, 2026.
What Exactly Does This New Rule Propose?
The proposed rule, published at 91 FR 29380 under Docket No. ICEB–2026–0034, makes two significant changes to current immigration enforcement policy:
First, it increases the fee from $5,130 to $18,000. This fee applies specifically to immigrants who have been issued a removal order in absentia, who then fail to depart the United States, and who are subsequently arrested by ICE. It is not an automatic fine charged to everyone who misses a hearing — it is imposed at the point of arrest after ICE locates and detains someone who was already ordered removed and chose to remain in the country.
Second, the proposed rule establishes annual inflation adjustments. ICE states that the $18,000 figure is not a permanent ceiling — rather, the agency proposes to increase the fee automatically each year to account for inflation. This means that over time, the financial penalty for remaining in the U.S. after a removal order could grow substantially beyond $18,000.
This fee is separate from — and in addition to — all other consequences of a removal order, including detention, the actual deportation, multi-year or permanent bars from returning to the United States, and potential criminal charges for illegal reentry if the person later tries to come back.
Who Is Affected by This Proposed Rule?
This proposed fee applies to a specific group of people: immigrants who have been ordered removed in absentia (meaning they missed their court hearing and a judge issued a removal order without them being present), who did not depart the United States after the order was issued, and who are later located and arrested by ICE.
It is important to understand that not all missed hearings result in in absentia removal orders. If an immigrant misses a court date due to exceptional circumstances — such as a serious illness, a natural disaster, or not receiving proper notice of the hearing — they may be able to file a motion to reopen the case and have the in absentia order rescinded. However, these motions have strict deadlines and legal requirements, which is why immediate consultation with an immigration attorney is critical if you have missed a hearing or received an in absentia order.
The proposed fee would apply most heavily to people who have been living in the United States for an extended period after an in absentia removal order was issued and who are subsequently apprehended by ICE. Given the current immigration enforcement environment — with ICE conducting widespread operations in cities and communities across the country — the risk of being arrested after an in absentia order is higher than ever.
How H.R. 1 Created This Fee — and Why It Is Being Raised So Dramatically
The original $5,130 fee was established under Section 100016 of H.R. 1, the Budget Reconciliation Act signed into law earlier in 2026. That legislation created several new immigration enforcement fees as part of a broader effort to fund immigration operations and create financial deterrents against violating immigration orders.
Now, ICE is proposing to go further — increasing that fee to $18,000 and building in automatic annual inflation adjustments going forward. The agency has framed this increase as necessary to create a more meaningful financial deterrent and to offset the costs of locating, arresting, detaining, and deporting immigrants who remain in the country after being ordered removed.
The proposal represents a significant escalation of the financial consequences associated with receiving and not complying with a removal order. For many immigrant families — particularly working-class families who may lack significant savings — an $18,000 fine on top of the trauma of arrest and deportation could be financially ruinous for years to come.
Your Right to Comment — Deadline Is June 22, 2026
Because this is a Notice of Proposed Rulemaking and not yet a final rule, the public has the right to submit comments before the regulation takes effect. Comments must be received by ICE no later than June 22, 2026.
Anyone — including immigrants, their family members, employers, attorneys, advocacy organizations, and concerned citizens — may submit a comment. Comments can be submitted through the federal government’s official rulemaking portal at regulations.gov, using Docket Number ICEB–2026–0034.
AILA and other immigration legal organizations are expected to submit comments opposing or challenging aspects of this proposed rule. If you wish to add your voice to the process, you can submit a personal comment describing how this rule would affect you, your family, or your community. Detailed, specific comments that explain real-world impacts tend to carry more weight in the rulemaking process than short or generic submissions.
What You Should Do Right Now If This Applies to You
If you or someone you know has a pending immigration court case, has missed a hearing, or is living under an existing removal order, these steps are critical:
- Do not miss any immigration court hearings. Make sure your address is current with the immigration court (EOIR) so that hearing notices reach you. If you move, update your address immediately using Form EOIR-33.
- If you have already missed a hearing, consult an attorney immediately. A motion to reopen may be available depending on the circumstances, but strict time limits apply. Acting quickly dramatically improves your chances.
- If you have an existing in absentia removal order, speak with an immigration attorney now. An attorney can evaluate your options — which may include motions to reopen, appeals, applications for relief, or other legal strategies — before you are located by ICE.
- Submit a public comment by June 22, 2026. The public comment period is your legal opportunity to have your voice heard before this rule is finalized. Visit regulations.gov and search for Docket No. ICEB–2026–0034.
- Know your rights if ICE comes to your door. You have constitutional rights regardless of your immigration status. You have the right to remain silent, the right to refuse to open your door without a judicial warrant, and the right to speak with an attorney.
The immigration enforcement landscape in 2026 is more intense than it has been in decades. A proposed $18,000 fine for missed hearings — with automatic annual increases going forward — is a stark reminder of how consequential every step in the immigration court process has become. Staying informed, keeping your legal documents current, and working with a qualified immigration attorney are the best tools available to protect yourself and your family.
For the full text of the proposed rule and legal guidance, visit the American Immigration Lawyers Association at aila.org or consult a qualified immigration attorney as soon as possible.
Immigration Fleet Law Firm