By now, you've probably heard that USCIS and EOIR (the Executive Office for Immigration Review - the office that oversees our nation's Immigration Courts) have dramatically increased fees for many applications.

It seems to me that one purpose of these new fees is to make it unaffordable for non-citizens to obtain status in the United States. Another purpose is to make it more difficult for non-profits to assist indigent people seeking protection in our country.

Let's start with asylum, since that is kind-of my thing. Since its inception, asylum in the U.S. has been free. Indeed, few countries in the world charge a fee for asylum. The only two I know about are Iran and Australia. Now, the United States has joined the club. We charge people fleeing persecution $100 to file for asylum plus an additional $100 per year for each year the asylum application remains pending (this fee will be adjusted upward each year for inflation). These fees cannot be waived, and so if you do not have the money, you cannot seek asylum in the U.S.

What's that you say? A hundred bucks ain't so bad. Maybe. But here's my theory: the fee was not meant to deter individual asylum seekers who have private attorneys. Rather, the fee is an attack on non-profits that assist poor asylum seekers, particularly children and people with physical and mental disabilities. If a non-profit is forced to pick up the tab for scores or hundreds of asylum applicants, the cost will add up, and this will affect the organization's ability to function.

The one hundred dollars is not the only fee that asylum seekers must pay. The fee for an initial work permit is now $550, and this fee cannot be waived. Previously, the fee for the first asylum-pending work permit was $0, which seems reasonable, as many asylum seekers have limited resources. Since asylum seekers cannot even apply for the work permit until their application has been pending for 150 days, they have to somehow survive in the U.S. for months before they can lawfully work. Now, not only must they cover their expenses for this period without the legal ability earn income, they also have to come up with $550 to file for a work permit (plus another $550 for each dependent family member who needs a work permit).

It has also become more expensive for asylum seekers to renew their EADs. The old fee to renew was $470 online or $520 by mail. The new fee is $745 online and $795 by mail.

Besides asylum, the fees for a number of other applications have also increased, and not by a little. For example, if you need to appeal a case in Immigration Court, the old fee was $110. The new fee is $1,010. An application for Cancellation of Removal for Non-permanent Residents in court was $185; now it is $1,630.

For those who cannot afford the fee, it is possible to apply for a fee waiver with USCIS or EOIR. But for many applications, the fee waiver covers only a portion of the cost. That's because fees imposed recently in the "One Big Beautiful Bill" cannot be waived. These are listed on the USCIS fee schedule as "Additional Fees," and include the asylum fee, a fee of $250 for Special Immigrant Juvenile petitions, and $550 for initial TPS EADs (on top of the "regular" TPS EAD fee of $470).

There are also additional, non-waivable fees that apply to many USCIS applications if they are adjudicated in Immigration Court. The I-485, for example, is $1,440 with USCIS, but in court there is an additional fee of $1,500 (for a total of $2,940, if my math is correct). The I-601 waiver form is $1,050 at USCIS, but there is an additional fee of $1,050 in court (for a total of $2,100).

To make matters worse, a recent decision from the Board of Immigration Appeals attempts to limit the fee waivers that are still available. That decision basically held that if you can afford an attorney, you can afford the U.S. government fees and are thus likely ineligible for a fee waiver. It also made clear that the fee waiver form must be completed accurately. You cannot list your income as zero and state that you have no assets, as this will be presumed false, at least for non-detained adults.

The net result of the new fees and the more limited fee waivers is that some applicants will be prevented from remaining in the U.S. due solely to the cost. Also, non-profits that serve asylum seekers and others will be burdened with additional expenses, making it more difficult to assist the most needy.

It has always been the case in America that you get the Justice you can afford. Sadly, with these recent changes, that is more true now than ever.

Originally posted on the Asylumist: www.Asylumist.com