2026-17146: Inflation Adjustment for EOIR OBBBA Fees; Fiscal Year 2027

A. Administrative Procedure Act

Under the Administrative Procedure Act (``APA''), agencies generally must provide ``notice of proposed rule making'' in the Federal Register and, after such notice, ``give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments.'' 5 U.S.C. 553(b)-(c). The APA further provides that the required publication or service of a substantive rule shall be made not less than 30 days before its effective date, except in certain circumstances. Id. 553(d). However, pursuant to the APA, a rule is excepted from notice-and- comment procedures when an agency for good cause finds that such procedures are impracticable, unnecessary, or contrary to the public interest. 5 U.S.C. 553(b)(B). A rule is also excepted from the delayed- effective-date requirement when good cause is found by the agency to forgo this requirement and is published with the rule. Id. 553(d)(3); Riverbend Farms, Inc. v. Madigan, 958 F.2d 1479, 1485 (9th Cir. 1992) (differentiating the APA's two ``good cause'' exceptions: 5 U.S.C. 553(b)(B), which applies to the notice and comment process, and 5 U.S.C. 553(d)(3), which applies to the delayed effective date). As discussed above, OBBBA requires the Attorney General to annually update EOIR-collected OBBBA fees for inflation using a statutorily prescribed formula. See 8 U.S.C. 1802, 1808, 1812. Therefore, the notice-and-comment and delayed-effective-date requirements are unnecessary because the Department is bound to comply with OBBBA's inflation adjustment requirements and, thus, the changes made by this rule are purely ministerial. See, e.g., Metzenbaum v. FERC, 675 F.2d 1282, 1291 (D.C. Cir. 1982) (explaining notice and comment was unnecessary under the APA good cause exception for ``nondiscretionary acts'' as it would be a ``futile gesture'').

B. Regulatory Flexibility Act

This rule does not trigger the requirements of the Regulatory Flexibility Act because, as explained above, the Department is not required ``to publish a general notice of proposed rulemaking'' prior to issuing this rule. See 5 U.S.C. 604(a).

C. Executive Order 12866 (Regulatory Planning and Review) and Executive

Order 13563 (Improving Regulation and Regulatory Review) Executive Order 12866, Regulatory Planning and Review, 58 FR 51735 (Sept. 30, 1993), and Executive Order 13563, Improving Regulation and Regulatory Review, 76 FR 3821 (Jan. 18, 2011), each direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health, and safety effects, distributive impacts, and equity). Executive Order 13563 further emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. The Department has determined that this rule is not a ``significant regulatory action'' under section 3(f) of Executive Order 12866 and, therefore, it has not been reviewed by the Office of Management and Budget. Nevertheless, the Department certifies that this regulation has been drafted in accordance with the principles laid out in Executive Orders 12866 and 13563. This rule merely updates pertinent EOIR fee amounts to be consistent with the fee changes required by statute. Accordingly, any changes made by this rule do not impose a cost upon the public beyond the terms of the statute. Likewise, these regulatory changes provide clarity, which benefits the public and helps avoid confusion over the current fee amounts. Thus, the changes made by this rule do not impact the public in a way that would place it in tension with the principles set forth in Executive Orders 12866 or 13563.

D. Executive Order 14192 (Unleashing Prosperity Through Deregulation)

This rule is not a regulatory action under Executive Order 14192, Unleashing Prosperity Through Deregulation, 90 FR 9065 (Jan. 31, 2025), because it is being issued with [[Page 54213]] respect to an immigration-related function of the United States.

E. Executive Order 14294 (Overcriminalization of Federal Regulations)

Executive Order 14294, Overcriminalization of Federal Regulations, 90 FR 20363 (May 9, 2025), requires agencies promulgating regulations with criminal regulatory offenses potentially subject to criminal enforcement to explicitly describe the conduct subject to criminal enforcement, the authorizing statutes, and the mens rea standard applicable to each element of those offenses. This rule does not create a criminal regulatory offense and is thus exempt from Executive Order 14294 requirements.

F. Unfunded Mandates Reform Act of 1995

This rule will not result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100 million or more (inflation adjusted) in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995, Public Law 104-4, 109 Stat. 48 (codified at 2 U.S.C. 1501-1571).

G. Executive Order 13132 (Federalism)

This rule will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, Federalism, 64 FR 43255 (Aug. 4, 1999), the Department has determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.

H. Executive Order 12988 (Civil Justice Reform)

This rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, 61 FR 4729 (Feb. 5, 1996).

I. Paperwork Reduction Act

This rule does not propose new or revised ``collection[s] of information'' as that term is defined under the Paperwork Reduction Act of 1995, Public Law 104-13, 109 Stat. 163 (codified at 44 U.S.C. 3501- 3521), and its implementing regulations, 5 CFR part 1320. However, the Department notes that EOIR is separately making de minimis changes to EOIR forms to update the fee amounts on the forms in light of the inflation adjustments required by OBBBA.

J. Congressional Review Act

This rule is not a major rule as defined by section 804 of the Congressional Review Act. 5 U.S.C. 804. List of Subjects in 8 CFR Part 1103 Administrative practice and procedure, Authority delegations (Government agencies), Reporting and recordkeeping requirements. Accordingly, for the reasons set forth in the preamble, and by the authority vested in the Acting Director, Executive Office for Immigration Review, by Attorney General Order Number 6260-2025, the Department amends part 1103 of title 8 of the U.S. Code of Federal Regulations as follows: PART 1103--APPEALS, RECORDS, AND FEES 0

1. The authority citation for part 1103 continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1304, 1356, 1801, 1802, 1808, 1812; 31 U.S.C. 9701; 28 U.S.C. 509, 510. 0

2. Amend Sec. 1103.7 by revising table 1 to paragraph (b)(1), table 2

to paragraph (b)(2), and table 3 to apragraph (b)(4)(i), to read as follows: * * * * * (b) * * * (1) * * * Table 1 to Paragraph (b)(1) ---------------------------------------------------------------------------------------------------------------- Current EOIR (section Current EOIR 286(m) of the Current One total fees Immigration fee type Immigration Big Beautiful except any and Bill Act biometrics Nationality (OBBBA) fee fees Act) fee ---------------------------------------------------------------------------------------------------------------- Form EOIR-26, Notice of Appeal from a Decision of an Immigration $110 $950 $1,060 Judge.......................................................... Form EOIR-29, Notice of Appeal to the Board of Immigration 110 950 1,060 Appeals from a Decision of a DHS Officer....................... Form EOIR-45, Notice of Appeal from a Decision of an 675 1,395 2,070 Adjudicating Official in a Practitioner Disciplinary Case...... ---------------------------------------------------------------------------------------------------------------- (2) * * * Table 2 to Paragraph (b)(2) ---------------------------------------------------------------------------------------------------------------- Current EOIR Current EOIR Current OBBBA total fees Immigration fee type (286(m)) fee fee except any biometrics fees ---------------------------------------------------------------------------------------------------------------- Motion to reopen or reconsider a decision of an Immigration $145 $950 $1,095 Judge........................................................ Motion to reopen or reconsider a decision of the Board of 110 950 1,060 Immigration Appeals.......................................... Motion to reopen a decision of an Immigration Judge or the 0 950 950 Board of Immigration Appeals that is based exclusively on an application for relief that does not require a fee........... [[Page 54214]] Motion to reconsider a decision of an Immigration Judge or the 0 950 950 Board of Immigration Appeals that is based exclusively on a prior application for relief that did not require a fee...... ---------------------------------------------------------------------------------------------------------------- * * * * * (4) * * * (i) * * * Table 3 to Paragraph (b)(4)(i) ---------------------------------------------------------------------------------------------------------------- Current EOIR Current EOIR Current OBBBA total fees Immigration fee type (286(m)) fee fee except any biometrics fees ---------------------------------------------------------------------------------------------------------------- Form EOIR-40, Application for Suspension of Deportation....... $100 $630 $730 Form EOIR-42A, Application for Cancellation of Removal for 100 630 730 Certain Permanent Residents.................................. Form EOIR-42B, Application for Cancellation of Removal and 100 1,590 1,690 Adjustment of Status for Certain Nonpermanent Residents...... ---------------------------------------------------------------------------------------------------------------- Sirce E. Owen, Acting Director, Executive Office for Immigration Review, Department of Justice. [FR Doc. 2026-17146 Filed 8-20-26; 8:45 am] BILLING CODE 4410-30-P