(UNITED STATES) — U.S. Immigration and Customs Enforcement proposed raising the filing fee for stay-of-removal applications from $155 to $755, an increase of about 387% that would take effect after a public comment period closing July 6, 2026.

The proposed rule targets Form I-246, the Application for a Stay of Deportation or Removal, used by individuals who already face a final deportation order and want ICE to temporarily delay their physical removal from the United States. The $600 hike would mark the first adjustment to the fee since 1989.

DHS says a 2025 cost analysis found that approximately $755 is needed to process each stay request. The current $155 fee no longer reflects the actual cost of adjudication, according to the agency.

The proposal is not yet a final rule. The existing fee remains in place until DHS completes the rulemaking process.

What Form I-246 Does and Does Not Do

Form I-246 does not cancel a removal order. It does not grant permanent immigration status, a green card, asylum, or work authorization. If approved, it pauses the execution of removal for a set period, giving the applicant temporary relief from physical deportation.

A stay-of-removal request becomes relevant at one of the most serious stages of an immigration case. A final removal order means the legal process has reached the point where the government may seek to physically remove the person from the country. The person may already be reporting to ICE or facing imminent removal.

Some individuals may still have separate legal steps available, such as motions, petitions, or other forms of relief. Form I-246 itself is neither a case reopening nor a path to lawful status. It is a request to delay removal temporarily.

How ICE Decides Stay Requests

The request is discretionary. ICE is not required to approve a stay merely because the form is filed. The agency reviews the facts and decides whether a temporary delay is justified based on humanitarian, medical, family, court-related, or public-interest factors.

Applicants may argue that a serious medical condition would make immediate removal dangerous or create severe hardship. A person required to appear in U.S. court proceedings may seek a delay until those proceedings conclude. A minor or someone with special family circumstances may present humanitarian arguments.

Caring for family members can serve as another basis for requesting a delay.

Each case depends on its facts. Supporting evidence plays a central role in the outcome. Medical records, court notices, family documents, proof of community ties, and financial records may all help establish why a temporary delay is warranted.

Conditions and Fee Waivers

ICE may impose conditions on a granted stay. The agency can require the person to report regularly, keep ICE updated on changes, or comply with other instructions. Stays may also carry an expiration date. If a stay expires or is denied, ICE may move forward with removal unless another legal protection applies.

DHS says fee waivers will remain available for Form I-246 under the proposed rule. Applicants who cannot afford the filing fee may request a waiver by submitting an affidavit or declaration explaining their financial circumstances and inability to pay. The declaration must be made under penalty of perjury.

ICE does not require a separate form for the waiver request, and applicants may provide relevant documentation showing why they cannot pay.

A fee waiver is not automatic. ICE decides whether to approve it. If the proposed fee becomes final, waiver requests are likely to become more critical for families with limited financial means.

The Debate Over the Fee Hike

Immigrant advocates argue the higher cost could create a barrier for people facing one of the most urgent stages of the immigration system. A stay-of-removal request is not a routine filing. It may be submitted when a person is close to physical removal, and a high fee could affect access to a basic discretionary request, particularly for individuals with serious medical or humanitarian needs.

The government’s position centers on cost recovery. DHS says the existing fee has remained unchanged for decades and does not cover processing costs. The proposed rule also makes technical changes to update regulatory language, including referring to both deportation and removal to reflect modern terminology used after changes in immigration law.

Cost recovery is one side of the debate. Access and fairness form the other. Opponents of the increase question whether people facing removal should be priced out of asking ICE for a temporary delay.

A $155 fee is already difficult for some applicants. A $755 fee may be especially challenging for people who have limited work authorization, unstable housing, medical problems, detention-related costs, attorney fees, or family members depending on them financially.

Public Comments and Next Steps

Public comments are due by July 6, 2026. Comments may address whether the proposed increase is too high, whether it could prevent low-income immigrants from filing, whether fee waivers are sufficient, whether the agency’s cost analysis is appropriate, and whether alternative fee amounts should be considered. DHS is not required to accept every comment but must consider relevant ones before issuing a final rule.

Advice for Immigrants Facing Removal

Individuals with final removal orders should act quickly. Checking case status is the first step. A person should know whether the removal order is final, whether any appeals or motions are pending, and whether any court or agency deadlines remain open.

Speaking with a qualified immigration attorney or accredited representative is strongly advised. Stay-of-removal requests are fact-sensitive and discretionary. A weak or incomplete filing may fail even when the person has serious circumstances. Immigrants facing this situation should seek qualified legal advice before filing or relying on any single form.

Gathering documents early matters. Medical evidence, family records, proof of hardship, court notices, financial records, and other supporting documents may be needed to build a strong request. Waiting until the last moment to collect evidence can weaken an otherwise viable case.

Filing Form I-246 does not automatically stop removal. The protection comes only if ICE grants the stay or if another legal rule applies. Submission alone does not pause the process.

Those who cannot afford the fee should prepare a fee-waiver request with a clear explanation of financial hardship and supporting evidence. Given the proposed increase, waiver requests are likely to face closer scrutiny.

Families should watch whether DHS finalizes the proposed rule, changes the fee amount, modifies the fee-waiver process, or delays the effective date. If finalized as proposed, the cost of filing Form I-246 would rise sharply, affecting families already under financial pressure from detention, legal fees, work restrictions, medical expenses, or emergency travel planning.

The proposal affects people who may be trying to prevent immediate separation from family, interruption of medical care, or removal before another legal process is completed. Until the rule is finalized, the $155 fee stands, and the public comment window remains open through July 6, 2026.