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ICE Proposes an $18,000 Fee for Certain People Ordered Removed In Absentia

If you have ever missed an immigration court hearing — or you worry about what happens if you do — a new federal proposal is worth understanding. In May 2026, ICE proposed sharply increasing a fee tied to "in absentia" removal orders: from $5,130 to $18,000.

Status, as of June 2026: this is a proposed rule, not current law. The public comment period closes June 22, 2026, and the fee currently in effect is $5,130 — the $18,000 figure is not collectible unless and until a final rule is published. Details could change.

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What was proposed

On May 20, 2026, U.S. Immigration and Customs Enforcement (ICE) published a Notice of Proposed Rulemaking (91 Fed. Reg. 29380; Docket ICEB-2026-0034). It proposes to:

• Raise the fee from $5,130 to $18,000 for certain noncitizens who were ordered removed in absentia, fail to depart the United States, and are later arrested by ICE; and
• Adjust that fee for inflation every year going forward.

Because it is a proposed rule, it is open for public comment — the comment period runs until June 22, 2026 — and the rule is not in effect unless and until it is finalized. The amount or the details could change before then.

First, what an "in absentia" removal order is

Immigration court cases begin when the government serves a person with a Notice to Appear, which states the time and place of the hearing and the consequences of not showing up. If a person does not appear, an immigration judge can order them removed in their absence — an "in absentia" removal order — if the government proves the person received proper notice and is removable. That order becomes final right away.

A critical, often-overlooked detail: the law requires a person in removal proceedings to give the court a current address and update it if they move. If someone fails to keep their address current, the law says the government may not be required to provide further written notice — which is one of the most common ways people end up with an in absentia order without realizing a hearing happened.

Where this fee comes from

The fee itself is not new. It was created by the budget reconciliation law known as HR-1 — the "One Big Beautiful Bill Act" (Public Law 119-21, Section 100016), signed in July 2025, and codified at 8 U.S.C. § 1814. That law set a minimum fee of $5,130 for someone ordered removed in absentia who is later arrested by ICE, and it gave the Secretary of Homeland Security authority to raise the fee through rulemaking and required annual inflation adjustments.

Two features of the fee, as written in the statute, are worth knowing:

• The government describes it as partial reimbursement for the cost of the arrest.
• The statute makes the fee unwaivable — except where the in absentia order is rescinded under the specific provision of the immigration law that allows certain in absentia orders to be reopened.

The current proposal uses that rulemaking authority to move the figure from $5,130 to $18,000.

What this does — and does not — mean

• It is a proposal. Until a final rule is published, the $18,000 figure is not in effect, and the public comment process can shape the outcome.
• It applies to a specific situation — an in absentia removal order, a failure to depart, and a later ICE arrest — not to immigration applicants generally.
• It does not change the rules about when an in absentia order can be entered, or the separate options that may exist to challenge one.

What this underscores — general, practical points

This is general information, not advice for your situation, but the proposal is a reminder of a few things that matter for anyone in or facing removal proceedings:

• Never miss an immigration court hearing, and arrive on time. The consequences of an in absentia order are serious and separate from any fee.
• Keep your address current with the immigration court and the government, and update it immediately if you move. Missed notices are one of the most common causes of in absentia orders.
• If you already have an in absentia order, do not assume nothing can be done. Depending on the facts — such as lack of proper notice or other grounds — there may be options like a motion to reopen. Whether any of them apply to a specific case is a question for an attorney.

The bottom line

ICE has proposed raising the in absentia removal fee to $18,000, indexed to inflation. It is not law yet, and it targets a specific set of circumstances. But it raises the stakes of one of the most preventable problems in immigration court — a missed hearing — and it's a strong reason to take notices, addresses, and hearing dates seriously, and to get advice early if an in absentia order is or may be in your past.

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This article is general legal information, not legal advice, and does not create an attorney-client relationship. It describes a proposed rule that may change and is not a statement of any political position. Immigration outcomes depend on the specific facts of each case. Consult a qualified immigration attorney about your situation. This website is attorney advertising.