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

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 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.

The commenter supports the proposed fee adjustment for Form I–246 and argues that the fee should be increased even further to $1,000. They believe the current fees are too low to deter individuals from seeking stays of deportation while still benefiting from public services.