EOIR Fee Schedule Increases: How to Take Action in Opposition to Proposed Changes Ahead
The Department of Justice’s Executive Office for Immigration Review, or EOIR, published a notice of proposed rulemaking, or NRPM, that outlines its plan to significantly increase fees associated with filings for appeals to the Board of Immigration Appeals, or BIA, applications for suspension of deportation or cancellation of removal, and motions to reopen or reconsider before the immigration courts or the BIA.
The NPRM includes information about the EOIR's first fee study and fee increases in over three decades. The proposed fee increases range from $35 to $865 — the greatest increase is nearly 800 percent. All of the fee increases raise serious due process concerns.
The proposed fee increases, without assurances of a generous fee waiver adjudications process, amount to an insurmountable barrier for non-citizens to merely access the appeals process. CLINIC encourages all of our affiliates and partners to submit a comment opposing these fee increases. On this page, you can find a summary of the proposed rule as well as information on how you can stand with immigrants and their families by opposing EOIR’s proposed fee rule.
Please note that these are proposed changes at this time; the increased fees are not yet in effect. EOIR has opened a 30-day public commenting period ending on March 30, 2020.
Summary of rule:
The DOJ Executive Office for Immigration Review, or EOIR, has published a proposed rule that would increase the fees for EOIR applications, appeals and motions. The fee increases would be as follows:
| Application or Motion | Current Fee | Proposed Fee |
|---|---|---|
|
Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge |
$110 |
$975 |
|
Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer |
$110 |
$705 |
|
Form EOIR-40, Application for Suspension of Deportation |
$100 |
$305 |
|
Form EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents |
$100 |
$305 |
|
Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents |
$100 |
$360 |
|
Motion to Reopen with the Office of the Chief Immigration Judge |
$110 |
$145 |
|
Motion to Reopen before the Board of Immigration Appeals |
$110 |
$895 |
|
Form EOIR-45, Notice of Appeal from a Decision of an Adjudicating Official in a Practitioner Disciplinary Case |
$110 |
$675 |
Resources:
- Defend Due Process for Immigrants
- Defend Immigrants by Taking Part in the Federal Rulemaking Process
- Step-by-Step Instructions: How to Submit a Public Comment
- Resources on Protecting Your Community
- EOIR Fee Study Template Comment - Instructions
Outreach to the Administration
- 90+ Organizations Join in Requesting 60-Day Comment Period to Respond to EOIR Fee Increases
- CLINIC Leads Over 100 Organizations in Calling on EOIR to Freeze its Fee Rule Proposal During the COVID-19 Emergency
- CLINIC Submits Comments in Opposition to Proposed EOIR Fee Rule, Urges the Justice Department to Rescind
