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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 8 U.S.C. § 1814 Fee for aliens ordered removed in absentia us united_states_code code_section 8 ALIENS AND NATIONALITY 16 IMMIGRATION FEES 1814 8 U.S.C. § 1814 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip /us/usc/t8/s1814 data/legal/raw/us/code/title-08/usc08.xml 01797482e988e5d9dd83f6a5591b4f1ff20992e0f466e84a8391c3720d971476 18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c fc1901c6259c1ed4fd0b32c4c40185d882b869d9179d75cb2646007b8b576a4c 2026-07-04 official
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8 U.S.C. § 1814 - Fee for aliens ordered removed in absentia

Text

(a) In general As partial reimbursement for the cost of arresting an alien described in this section, the Secretary of Homeland Security, except as provided in subsection (c), shall require the payment of a fee, equal to the amount specified in subsection (b) on any alien who—

(1) is ordered removed in absentia pursuant to section 1229a(b)(5) of this title; and

(2) is subsequently arrested by U.S. Immigration and Customs Enforcement.

(b) Amount specified (1) Initial amount For fiscal year 2025, the amount specified in this section shall be the greater of—

(A) $5,000; or

(B) such amount as the Secretary of Homeland Security may establish, by rule.

(2) Annual adjustments for inflation During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—

(A) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(B) the product resulting from the multiplication of the amount referred to in subparagraph (A) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.

(c) Exception The fee described in this section shall not apply to any alien who was ordered removed in absentia if such order was rescinded pursuant to section 1229a(b)(5)(C) of this title.

(d) Disposition of removal in absentia fees During each fiscal year—

(1) 50 percent of the fees collected pursuant to this section—

(A) shall be credited to U.S. Immigration and Customs Enforcement;

(B) shall be deposited into the Detention and Removal Office Fee Account; and

(C) may be retained and expended by U.S. Immigration and Customs Enforcement without further appropriation; and

(2) any amounts collected pursuant to this section that are not credited to U.S. Immigration and Customs Enforcement pursuant to paragraph (1) shall be deposited into the general fund of the Treasury.

(e) No fee waiver Fees required to be paid under this section shall not be waived or reduced.

(Pub. L. 11921, title X, § 100016, July 4, 2025, 139 Stat. 384.)