News > Fact Sheets
Fee Increase for Appealing Immigration Decisions
Posted on Mar 08 2020
The Department of Justice/Executive Office of Immigration Review (EOIR) is raising fees for appeals. The Department of Justice proposal is for fee increases for motions in immigration courts and for appeals to the Board of Immigration Appeals (BIA). This is separate from the USCIS fee increases scheduled to go into effect on October 2, 2020.
These fee increases will prevent many immigrants from filing appeals. For example, the fee for an appeal from an immigration court decision to the BIA would increase from $110 to $975. The fee for an appeal from the decision of a DHS officer would increase from $110 to $705. This increase would apply, for example, to an appeal from a DHS officer’s denial of a green card application for the spouse or child of a U.S. citizen or permanent resident.
When an immigrant is detained, as is current policy for most deportation cases, their ability to earn money to support their families ends. They face additional expenses, including detention facility fees for phone calls and mail to attorneys and family members, soap, toothpaste, etc. The financial burdens on detained immigrants and their families, already high, will prevent many from appealing decisions made by Department of Homeland Security (DHS) officers or immigration judges.
What are the current fees and what are the proposed changes?
In appeals to the Board of Immigration Appeals (BIA):
| Form/motion | Title | Fee (current) | Fee (proposed) |
| EOIR-26 | Notice of Appeal from a Decision of an Immigration Judge | $110 | $975 |
| EOIR-29 | Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer | 110 | 705 |
| EOIR-45 | Notice of Appeal from a Decision of an Adjudicating Official in a Practitioner Disciplinary Case | 110 | 675 |
| Motion to Reopen | 110 | 895 | |
| Motion to Reconsider | 110 | 895 |
In proceedings before an immigration judge:
| Form/motion | Title | Fee (current) | Fee (proposed) |
| EOIR-40 | Application for Suspension of Deportation | $100 | $305 |
| EOIR-42A | Application for Cancellation of Removal for Certain Permanent Residents | 100 | 305 |
| EOIR-42B | Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents | 100 | 360 |
| Motion to Reopen | 110 | 145 | |
| Motion to Reconsider | 110 | 145 |
The fees have not increased yet.
When Will Changes Happen?
Proposed changes were published in the Federal Register on February 28. The deadline for comment was March 30, 2020. The Department of Justice/EOIR is required to consider comments. There are no rules about how much time they have to do this. After considering comments, the Department of Justice/EOIR will publish a final rule.
Normally, the final rule takes effect in 30 days after publication.