SUPPLEMENTARY INFORMATION:

I. Background and Authority

On July 4, 2025, the President signed into law the One Big Beautiful Bill Act, Public Law 119-21, 139 Stat. 72 (HR-1), which, among other things, established a number of immigration-related fees.^[1] Relevant to this notice, HR-1 established two immigration enforcement fees applicable to the following: (1) aliens who are ordered removed in absentia pursuant to section 240(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. 1229a(b)(5), and are subsequently arrested by U.S. Immigration and Customs Enforcement (ICE); and (2) inadmissible aliens at the time such aliens are apprehended between ports of entry.^[2] On September 8, 2025, DHS provided notice to the public announcing that DHS would begin assessing and collecting these fees in the amount of $5,000 for FY 2025 for both fees, as authorized by statute.^[3] As of September 8, 2025, DHS has been individually notifying aliens to whom these fees apply and providing instructions on how to make payments for these fees.^[4]

On November 20, 2025, DHS published a notice for FY 2026 to adjust the fees for inflation to $5,130, which became effective on December 1, 2025.^[5] Under HR-1, these fees are subject to annual adjustments for inflation each fiscal year.^[6] Specifically, both fees provide that the annual adjustment for inflation will be calculated as follows:

[T]he sum of—

(A) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(B) the product resulting from the multiplication of the amount referred to in subparagraph (A) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July ( printed page 62543) preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.

DHS has now calculated the adjustments for inflation for FY 2027 and sets forth the applicable new amounts below in this notice.

II. FY 2027 Fee Amounts Adjusted for Inflation

A. Adjustments for Immigration Enforcement-Related Fees Under HR-1

Consistent with the current process, DHS will individually notify aliens to whom these adjusted fees apply and provide instructions on how to pay the fees levied as of October 16, 2026. In accordance with HR-1 secs. 100016(b)(2) and 100017(b)(2), the annual adjustment for FY 2027 is calculated as the sum of the amount of the fee required under this subsection for the most recently concluded fiscal year ($5,130); and the product resulting from the multiplication of the amount referred to in subparagraph (A) by the percentage by which the Consumer Price Index of All Urban Consumers (CPI-U) (333.918) for the month of July 2026 exceeds the CPI-U for July 2025 (323.048), rounded to the next lowest multiple of $10. The multiplier of 1.03365 (rounded to the fifth decimal place) applied to the previous fee of $5,130 results in a new amount of $5302.62 (rounded to the nearest cent) and then rounded down to the nearest $10 increment is $5,300. The new FY 2027 fees are as follows:

B. Section 100016. Aliens Ordered Removed in Absentia Pursuant to INA Section 240(b)(5) and Subsequently Arrested by ICE

Based on the calculation for inflation adjustments for FY 2027, as set forth under HR-1 section 100016(b)(2), DHS will collect and assess a fee in the amount of $5,300 for aliens subject to the fee under HR-1, section 100016, Fee for aliens ordered removed in absentia, beginning October 16, 2026. This fee is applicable to aliens who have been ordered removed in absentia by an immigration judge pursuant to INA section 240(b)(5) for failure to attend removal proceedings and are subsequently arrested by ICE.^[8] HR-1 provides an exception to this fee for aliens whose removal order in absentia is rescinded pursuant to INA section 240(b)(5)(C), 8 U.S.C. 1229a(b)(5)(C). ⁹ SeePublic Law 119-21 sec. 100016(c). HR-1 also provides that no waivers are available for this enforcement fee. See Public Law 119-21 sec. 100016(e).

C. Section 100017. Inadmissible Aliens Apprehended Between Ports of Entry

Based on the calculation for inflation adjustments for FY 2027, as set forth under HR-1 section 100017(b)(2), DHS, including ICE and U.S. Customs and Border Protection, will collect and assess a fee in the amount of $5,300 for aliens subject to the fee under HR-1, section 100017, Inadmissible alien apprehension fee, beginning October 16, 2026. This fee is applicable to aliens who are inadmissible under INA section 212, 8 U.S.C. 1182, and are apprehended by DHS between ports of entry. Aliens who are apprehended by DHS between ports of entry are often subject to the ground of inadmissibility under INA section 212(a)(6), 8 U.S.C. 1182(a)(6), which provides that any alien “present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.” ^[10] However, an alien could also be inadmissible based on additional grounds of inadmissibility listed under INA section 212, 8 U.S.C. 1182.

91 FR 62542