Fee Adjustment for U.S. Immigration and Customs Enforcement Form I–246, Application for a Stay of Deportation or Removal

The National Immigration Project, a national nonprofit membership organization, opposes the proposed fee increase for Form I-246, arguing that the nearly fivefold hike is unnecessary, arbitrary, and serves as a deterrent to noncitizens seeking stays of removal. They contend that the analysis in the Notice of Proposed Rulemaking is flawed, fails to account for recent Board of Immigration Appeals precedents, and ignores the fact that ICE is already heavily funded by congressional appropriations.

Pangea Legal Services, a non-profit immigration defense organization, opposes the proposed fee increase for Form I-246, arguing that the 387% hike will create insurmountable financial barriers for vulnerable families facing medical emergencies and humanitarian hardships. They contend that the rule lacks a rational connection to the facts, fails to provide evidence that fee waivers are a viable safeguard, and threatens due process by pricing individuals out of critical legal remedies.

MALDEF, a Latino civil rights organization, urges DHS to rescind the proposed fee increase for Form I-246 applications. They argue that DHS lacks the statutory authority under 8 U.S.C. § 1356(m) to impose the fee and that the proposal is arbitrary and capricious because it relies on stale data and fails to provide a rational connection between fee waivers and the financial burden on applicants.

The Community Legal Aid Society, Inc. (CLASI), a non-profit law firm, opposes the proposed fee increase for Form I-246, arguing that the change is arbitrary, capricious, and based on faulty data. They contend that the increase creates insurmountable financial barriers for vulnerable populations and note that ICE has received significant new federal funding that should cover these costs.

The National Immigrant Justice Center (NIJC), a legal service provider and advocacy organization, opposes the proposed fee adjustment for Form I-246. They argue that the fee is based on a faulty analysis of ICE's workload, creates an insurmountable financial barrier to due process for low-income immigrants, and is unnecessary given the agency's significant taxpayer funding.

The Immigrant Legal Resource Center (ILRC), a national non-profit organization, opposes the proposed fee increase for Form I-246, Application for a Stay of Deportation or Removal. They argue the 387% increase is arbitrary and capricious under the Administrative Procedure Act, as it lacks a reasoned justification, fails to account for the significant reliance interests of low-income immigrants, and creates a prohibitive financial barrier to life-saving legal relief.

An individual opposes the proposed fee increase for Form I-246, arguing that the agency does not rely on this specific fee for operations and should instead manage its own budget. The commenter contends that high fees create a barrier to discretionary relief and that the financial burden of enforcement costs should not be shifted to applicants.

The commenter acknowledges the need for the Department of Homeland Security to recover costs but argues that the proposed fee increase from $155 to $755 is too large of a jump to implement all at once. They suggest a gradual increase over several years and a simplified fee waiver process to ensure the legal process remains accessible to low-income families.

A private individual opposes the proposed fee increase for Form I-246, arguing that the nearly 400% hike is unfair and unnecessary. They contend that the higher cost will create a barrier to accessing the legal immigration system for average families.

Judy Silverstein, a private resident of Spokane, Washington, opposes the proposed fee increase for Form I-246. She argues that the nearly 400% increase imposes an insurmountable financial burden on low-income individuals and harms the broader community by affecting the labor supply for essential services.