DHS Proposes Sharp Increase to ICE Form I-246 Filing Fee
The Department of Homeland Security (DHS) has published a proposed rule that would increase the filing fee for Form I-246, Application for a Stay of Deportation or Removal, from $155 to $755. The proposal aims to recover costs and updates fees unchanged since 1989. DHS proposes technical amendments to the regulations governing fees and procedures for stay requests.
The court finalizes this change, it would significantly raise the cost of requesting a discretionary stay from U.S. Immigration and Customs Enforcement (ICE), with substantial practical implications for individuals facing removal.
Background on Form I-246 and Stay of Removal Requests
Form I-246 is used by individuals seeking a discretionary stay of deportation or removal from ICE. A stay, if granted, temporarily delays the execution of a removal order. Stays of removal are discretionary and requested for humanitarian, medical, or compelling circumstances.
Individuals file Form I-246 with ICE, and officials adjudicate it at local ERO offices. The current $155 fee has remained unchanged for decades, which DHS cites as a basis for recalibrating the amount to more closely reflect present-day administrative and personnel costs associated with adjudicating these requests.
Key Elements of the Proposed Rule
According to the Federal Register notice, DHS proposes increasing the Form I-246 filing fee to $755 to align recoverable costs with agency operations. The proposal also includes technical edits to the regulatory framework governing the collection of fees for stay applications.
Because this is a proposed rule, the increase is not yet in effect. DHS will review public comments submitted during the rulemaking process before issuing any final regulation. The revised fee would become operative only after the court publishes a final rule, typically on a specified future effective date.
Practical Implications for Applicants and Practitioners
If implemented as proposed, the increase from $155 to $755 would represent a substantial rise in upfront filing costs for individuals seeking a stay of removal. Applicants and their representatives would need to account for the higher fee when evaluating filing timelines and overall case strategy.
The increase may also have operational consequences for legal service providers, nonprofit organizations, and employers assisting affected individuals. Budget planning, client communications, case intake procedures, and payment processing systems may require adjustments to reflect the revised fee structure.
In practice, higher filing costs may heighten the importance of submitting complete, well-documented applications in the first instance. Because Form I-246 The authority considers requests discretionary and time-sensitive, and any need to refile due to procedural deficiencies could result in additional financial and logistical burdens.
Individuals and Stakeholders Potentially Affected
This proposal would directly affect noncitizens with final orders of removal who are seeking temporary relief through a stay request. This includes individuals with pending benefits or factors ICE considers in its discretion.
Attorneys and organizations should monitor rulemaking developments for removal proceedings assistance. HR professionals and corporate stakeholders may also encounter indirect impacts when employees or dependents face removal-related issues requiring interim relief.
Stakeholders must track public comments and final rules to determine Form I-246 fee details.
