Comment Submitted by Berkeley Society of Friends

This letter is submitted on behalf of the Berkeley Society of Friends (Quakers) in Berkeley, California, in opposition to the Interim Final Rule titled USCIS Immigration Fees and Related Procedures Required by H.R.1 Reconciliation Bill, DHS Docket No. USCIS-2026-0133. Our organization has worked with and supported many asylum seekers who are meeting the requirements set forth for them and are working to build a safer life in the United States. We have seen them struggle with the new costs of compliance with USCIS regulations, regulations that should not be effective until after comments are received and considered. The rule codifies an Annual Asylum Fee (AAF) of at least $100 for every calendar year an asylum application remains pending, with rejection of the application as the consequence of nonpayment within a 30-day window. It also retains the $100 asylum filing fee on rejected applications instead of allowing return of those fees, imposes a $24 Form I-94 fee on Form I-102 filings, and caps Temporary Protected Status (TPS) work authorization at one year. The Annual Asylum Fee provision is particularly concerning. Conditioning the continued pendency of an asylum application on annual payment, with rejection and removability as the horrendous consequences of nonpayment, transfers the cost of administrative backlogs onto applicants who have no control over those delays. The 30-day cure period is incompatible with the realities of the affected population, including applicants with limited English proficiency, unstable housing, no legal representation, and limited access to electronic payment systems. Asylum seekers in the United States fled their countries because they were not safe there. They are, by definition, fleeing persecution. Many lack the financial resources to absorb compounding annual fees. The rule's elimination of all waiver authority, including the longstanding waiver for indigence under INA 245(l)(7), removes the principal safeguard that has protected vulnerable applicants from being penalized for poverty. This rule charges them $100 every year their case is pending, even though USCIS is the reason their case is taking years to decide. If they miss a payment notice, they lose their work permit and can be put into removal proceedings. The retention of the asylum filing fee on rejected applications is similarly punitive. USCIS has long refunded filing fees on rejected applications precisely because rejection means the agency has not adjudicated the case. Retaining the fee on rejection charges applicants for a service they did not receive, and makes it much more difficult for them to correct flaws in the application that caused the rejection. The rule does not adequately analyze the downstream costs of removal proceedings, lost work authorization, and family destabilization. The Regulatory Impact Analysis acknowledges that these costs are significant, but declines to quantify them. For these reasons, the Berkeley Society of Friends respectfully urge DHS to substantially revise the rule, including by extending the AAF cure period, providing for hardship waivers consistent with the agency's broader fee waiver framework, refunding the asylum filing fee in cases of rejection, and extending the work authorization for holders of TPS. This proposed rule is not a fee. It is a trap. The Berkeley Society of Friends (Quakers) strongly urges DHS to reconsider this rule, including but not limited to providing hardship waivers for people who cannot afford to pay.