(UNITED STATES) The Department of Homeland Security is sending civil penalty notices to unaccompanied immigrant children for a new $5,000 fee after they’re caught crossing between ports of entry, according to youth advocates and legal groups who have reviewed recent cases. The charge stems from the newly enacted One Big Beautiful Bill Act, signed into law on July 4, 2025, and applies regardless of a child’s intent to seek asylum or protection. DHS billing letters began going out in July and have continued through the fall, with no pause announced as of October 27, 2025.
The penalty is a minimum, mandatory fine under the statute. The Act does not carve out exceptions for minors, even those fleeing violence or trafficking, and most fee waivers that previously existed under immigration rules have been removed. Legal staff who work with unaccompanied teenagers say children are confused and scared by the notices, which look like debt collection letters and demand payment within set timelines. Several documented cases have been reviewed by multiple news outlets and nonprofit legal teams, confirming process details and the size of the penalties.
Critics say the fees will deter children from applying for protections Congress has long made available, such as asylum and Special Immigrant Juvenile Status (SIJS), a pathway for youth who faced abuse, neglect, or abandonment by a parent. The new fee structure also adds charges on top of the border penalty, including fees for the asylum application itself and for work permits that many young people need to support themselves while their cases are pending. According to analysis by VisaVerge.com, the law’s design tightens nearly every cost point in the system while making waivers rare, leaving nearly all children with bills they cannot pay.
Policy changes and legal context
The One Big Beautiful Bill Act was passed using budget reconciliation rules, allowing the majority party to push through sweeping immigration changes without bipartisan support. The text increases enforcement and detention funding, including money for family and child detention, while rolling back several legal protections for minors that had existed in federal policy and court settlements.
Youth advocates and immigration lawyers argue the new penalties conflict with domestic child welfare standards and the United States’ treaty obligations to protect children who seek safety.
As of October 27, 2025, the $5,000 fee applies to any person—children included—caught entering between ports of entry. The law also creates a separate $5,000 penalty for those ordered removed “in absentia,” meaning they missed their immigration court hearing. Unrepresented children, who often rely on mail sent to unstable addresses or sponsors who move, are seen as especially at risk for missing court.
Legal services groups note that many youth never received a proper hearing notice, or could not arrange travel to distant courts, which raises due process concerns when a non-waivable penalty is attached.
Child advocates say there has been no public guidance explaining how DHS billing is handled for minors with no income and no parental support in the United States. Unlike adult civil penalty regimes—where payment plans or hardship waivers sometimes exist—nonprofit attorneys report that the notices for children present the $5,000 fee as due, with limited or no relief pathways.
According to reporting from outlets focused on immigration policy and records shared by legal aid groups, the notices are arriving within weeks of a child’s apprehension and processing.
Fees and process details
Beyond the border penalty, the Act adds several application and maintenance fees that affect unaccompanied children during and after release from federal custody. The combined costs burden applicants at every step of their cases.
- Border arrival penalty: $5,000 for all people caught between ports of entry, including minors; waivers largely removed.
- Special Immigrant Juvenile Status filing: $250 (many SIJS applicants use Form I-360). For form details, see USCIS: Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
- Asylum application: $100 to file Form I-589. USCIS instructions available at USCIS: Form I-589, Application for Asylum and for Withholding of Removal.
- Annual asylum adjudication fee: $100 per year while the case is pending, with no waivers provided in the statute.
- Work authorization, initial: $550 using Form I-765 for many categories, including asylum applicants. See USCIS: Form I-765, Application for Employment Authorization.
- Work authorization, renewal: $275 for subsequent Form I-765 filings.
- Removal ordered “in absentia”: $5,000 if a person misses an immigration court hearing.
These charges often stack. For example, a teenager who crossed between ports, applied for asylum, and later needed to renew a work permit could face thousands of dollars in bills before their case is even heard. Attorneys worry families will resort to unsafe work or high-interest loans to cover costs, increasing children’s risk of exploitation.
According to VisaVerge.com, the fee schedule appears designed to discourage filings and speed removals by making legal processes too expensive for most unaccompanied youth.
Waivers, access to counsel, and practical risks
- The policy’s critics emphasize that these fees are non-waivable in most situations, even for children who have been trafficked or who face threats in their home countries.
- They argue the Act undermines access to counsel, since paying lawyers competes with paying government fees.
- Pro bono groups note their budgets cannot absorb government-imposed charges, leaving many youth to choose between going without a work permit or failing to file at all.
Officials have not released data on how many fine notices DHS has issued to minors since July. Youth legal providers across border regions and major cities report a steady stream of clients arriving with billing letters. Some notices warn of future collection efforts if the debt is not paid, creating fear that nonpayment could block future relief.
Lawyers stress that while the DHS billing letters are serious, the right to seek protection still exists, and filing deadlines for asylum and SIJS remain in place despite the new costs.
Supporters’ arguments and opponents’ responses
Supporters of the Act argue:
– Strict border penalties and higher fees will reduce crossings and deter repeat entries.
Opponents counter:
– Most unaccompanied children are fleeing threats, family abuse, or gang recruitment—not making economic choices.
– A civil debt may not stop a child who fears for their life, but it can stop them from getting a work permit or from filing forms that could protect them.
– Advocacy organizations expect court challenges focused on due process for minors and conflicts with child welfare laws.
Practical questions and attorney guidance
Many practical questions remain unanswered, for example:
– How will DHS track debts tied to children who have no Social Security number?
– What happens when a sponsor refuses to pay a minor’s bill?
– Can a child with an unpaid balance still adjust status later if they win SIJS or asylum?
The law’s text removes most waiver tools but does not spell out a collection system tailored for minors. Attorneys say these gaps create confusion and anxiety at a time when young people need stable support to meet court dates and prepare their cases.
Legal teams advise:
- Keep track of hearing notices and appear in court to avoid the separate $5,000 fee for in absentia orders.
- Sponsors should keep addresses current with the immigration court and DHS, and maintain a paper trail when mail forwarding fails.
- Use USCIS public resources to understand humanitarian processes and timelines: USCIS: Asylum.
- Apply for work authorization only when eligible and able to afford the filing fee, to avoid improper filings that cause delays and extra costs.
- Pursue SIJS (Form I-360) alongside required state court orders if eligible, since long-term lawful status may outweigh near-term fees.
Attorneys emphasize that filing the right forms, keeping court dates, and seeking trusted legal help remain the safest path despite higher costs.
Impact on communities and next steps
The broader policy shift marks a sharp turn in how the United States treats unaccompanied children at the border. For years, Congress and courts recognized that minors deserve special care, distinct processing, and access to child-appropriate services. The One Big Beautiful Bill Act moves many of those standards in the opposite direction by attaching civil debt to a child’s first contact with U.S. authorities.
Humanitarian organizations, including those operating shelters and legal clinics, warn the fees will push children into the shadows and away from the court dates and interviews that the system requires. On the ground, school counselors and social workers report teenagers who believe they must quit school to work off a government debt.
Legal aid groups are trying to correct those fears, explaining that even though bills are due, the most important step is to appear in court and keep contact information up to date. Missing court not only risks removal but also triggers an extra $5,000 fee, compounding the child’s problems.
Community groups are raising funds to cover filing charges, but the sums involved—especially the initial border penalty—are beyond what most local donors can provide.
For now, DHS billing continues under the statute. Legal challenges may clarify whether minors can face mandatory civil penalties without waiver options, or whether the Act must be narrowed when applied to children. Until then, unaccompanied youth and their sponsors face an immediate choice: pay fees they cannot afford, or delay filings that could protect them. Lawyers stress that the latter option can be far worse.
Even with higher costs, filing the right forms, keeping court dates, and seeking trusted legal help remain the best path through a system made more expensive and harder to access under the One Big Beautiful Bill Act.
This Article in a Nutshell
Under the One Big Beautiful Bill Act, signed July 4, 2025, DHS has begun issuing mandatory $5,000 civil penalty notices to unaccompanied children apprehended between ports of entry. Notices started in July and were still being sent as of October 27, 2025. The statute removes most fee waivers and layers additional costs—$100 for asylum filings, $250 for SIJS petitions, and $550 for initial work authorization—creating cumulative debts that can reach thousands of dollars. Advocates argue the fees will deter children from seeking asylum and SIJS, strain pro bono legal services, and risk exploitation as families pursue unsafe means to pay. Legal groups note due process concerns, especially for youth who miss hearings and face another $5,000 in absentia penalty. Attorneys advise keeping court dates, maintaining up-to-date addresses, and seeking trusted legal help while challenges proceed in court.
