DHS Imposes New Asylum Fees, Tightens Penalties
India-West News Desk
WASHINGTON, DC – The Department of Homeland Security on April 28 issued an interim final rule introducing new immigration fees and stricter compliance requirements, including annual charges for asylum applicants and penalties that could lead to application rejection and removal proceedings.
The rule implements provisions from the H.R. 1 Reconciliation Act of 2025, also known as the “One Big Beautiful Bill Act,” which mandates additional funding mechanisms for immigration enforcement and shifts more costs onto applicants seeking immigration benefits.
Under the new policy, the U.S. Citizenship and Immigration Services will require asylum seekers to pay an Annual Asylum Fee for every year their application remains pending. If the fee is not paid within 30 days of notification, the agency will reject the pending asylum application. For individuals without legal status, such rejection will trigger the initiation of removal proceedings.
The consequences extend beyond the asylum claim itself. If an application is rejected due to nonpayment, USCIS will deny any pending Form I-765 application for employment authorization tied to the asylum case. Individuals who had already received work permits based on a pending asylum application will lose their authorization immediately.
The rule builds on earlier action taken on July 22, 2025, when USCIS first introduced a filing fee for Form I-589, the application for asylum and withholding of removal, along with the framework for the annual fee requirement.
Additional provisions in the rule affect other immigration processes. USCIS will now retain the filing fee for Form I-589 even if the application is rejected as improperly filed. For individuals under Temporary Protected Status, employment authorization will be limited to one year or the remaining duration of the TPS designation, whichever is shorter.
The rule also establishes a minimum $24 filing fee for Form I-102, used to apply for a replacement or initial nonimmigrant arrival-departure document. Applications for this form submitted without the proper fee on or after May 29, 2026, will be rejected.
The interim final rule takes effect May 29, 2026, with enforcement actions, including rejection of pending asylum applications for failure to pay the annual fee, beginning the same day. DHS said it will accept public comments on the rule through June 29, 2026.
