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

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 commenter opposes the fee adjustment for Form I–246, arguing that the proposed increase significantly exceeds the rate of inflation since 1989. They also contend that government efficiencies and digitalization should lower costs, while criticizing the administration's spending on immigration enforcement.

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.

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.

Marcia Stevenson supports the proposed fee increase for Form I-246. She argues that the current fee has not been adjusted for inflation since 1989 and does not reflect the increased administrative and enforcement costs associated with modern immigration.