2020-03784: Executive Office for Immigration Review; Fee Review

Summary

The Department of Justice's Executive Office for Immigration Review ("EOIR") imposes fees, also known as user charges, for the filing of certain EOIR forms for applications for relief, appeals filed with the Board of Immigration Appeals ("BIA"), and motions to reopen or reconsider. When applicable, the current fee for EOIR applications for relief is $100, and the fee for motions or appeals is $110. EOIR last reviewed and updated these fees 33 years ago, in 1986. This proposed rule ("proposed rule" or "rule") would increase the fees for those EOIR applications, appeals, and motions that are subject to an EOIR-determined fee, based on a fee review conducted by EOIR. This proposed rule would not affect the fees that have been established by the Department of Homeland Security ("DHS") with respect to DHS forms for applications that are filed or submitted in EOIR proceedings. This proposal does not affect the ability of aliens to submit fee waiver requests, nor does it add new fees. The proposed rule also updates cross-references to DHS regulations regarding fees and makes a technical change regarding requests under the Freedom of Information Act.

The agency’s own summary, as published.

What this changes

Amends 8 parts of the Code of Federal Regulations — the standing rules this notice rewrites.

• 8 CFR 1003 Executive Office for Immigration Review
• 8 CFR 1103 Appeals, Records, and Fees
• 8 CFR 1208 Procedures for Asylum and Withholding of Removal
• 8 CFR 1216 Conditional Basis of Lawful Permanent Residence Status
• 8 CFR 1235 Inspection of Persons Applying for Admission
• 8 CFR 1240 Proceedings to Determine Removability of Aliens in the United States
• 8 CFR 1244 Temporary Protected Status for Nationals of Designated States
• 8 CFR 1245 Adjustment of Status to That of Person Admitted for Permanent Residence