DHS Proposes 387% Fee Increase for Form I-246 Stay of Deportation or Removal Requests

What Immigrants With Final Removal Orders Should Know

When a person has a final order of deportation or removal, every decision matters. In certain situations, that person may ask U.S. Immigration and Customs Enforcement, known as ICE, to temporarily delay physical removal from the United States by filing Form I-246, Application for a Stay of Deportation or Removal.

Now, the Department of Homeland Security has proposed a major increase to the Form I-246 filing fee. Under a proposed rule published in the Federal Register on May 7, 2026, DHS seeks to increase the fee from $155 to $755. That is a proposed increase of $600, or 387%. DHS states that the current fee has not been adjusted since 1989 and that the proposed increase is intended to recover the labor costs of adjudicating the application. Public comments on the proposed rule are due by July 6, 2026.

This is still a proposed rule, not a final rule. That distinction is important. At this time, DHS has proposed the increase and is accepting public comments before deciding whether to finalize the change.

Why This Proposed Fee Increase Matters

For many families, Form I-246 is not filed casually. It is often considered when a person is facing a very serious and urgent situation. A person may already have a final removal order but also have medical issues, family hardship, pending legal proceedings, or other humanitarian circumstances that may support a request to delay removal.

DHS explains that ICE may consider factors such as a serious medical condition, whether the person is a minor, whether the person is needed in court proceedings in the United States, or whether there are other circumstances where physical removal may not be in the public interest.

Because of that, raising the fee from $155 to $755 may create a real financial burden for some families. People facing removal may already be dealing with legal fees, medical records, translations, transportation, family expenses, and the emotional weight of possible separation. A higher government filing fee may make an already difficult situation even harder.

At the same time, DHS states that fee waivers may continue to be requested by individuals who are unable to pay the Form I-246 fee. That is an important point for fairness and accuracy. However, the ability to request a fee waiver does not mean every fee waiver or every stay request will be approved.

Who May Be Affected by the Form I-246 Fee Increase?

This proposed fee increase may affect some people who have been ordered removed or deported and who are facing possible physical removal from the United States.

This may include individuals who:

• Have a final order of removal or deportation;
• Are under ICE supervision;
• Have been told to report to ICE;
• Are facing possible physical removal from the United States;
• Have serious medical, humanitarian, family, or legal circumstances that may need review;
• Are pursuing or considering other legal options, such as a motion to reopen, appeal-related action, or another form of relief.

Every case is different. A stay of removal is not available or appropriate in every situation. A person with a final removal order should not assume that filing Form I-246 will stop removal automatically.

Why Legal Review Is Important Before Filing Form I-246

A person with a final removal order should be very careful before filing anything with immigration authorities. Once a person is subject to a final removal order, the government may already have authority to carry out physical removal. Any filing may bring attention to the person’s location, immigration history, and current circumstances.

Before filing Form I-246, it is important to review:

• The date and type of removal order;
• Whether the person attended immigration court hearings;
• Whether the person has prior immigration violations;
• Whether there are criminal issues;
• Whether there are pending appeals, motions, or other applications;
• Whether the person may qualify for another form of immigration relief;
• Whether the person is already under ICE supervision;
• What evidence supports the request for a temporary stay.

A stay request should be supported with strong documentation. Depending on the case, that may include medical records, family documents, evidence of hardship, proof of pending legal matters, proof of rehabilitation, community ties, or other records that explain why immediate removal should be delayed.

This is why legal review is so important. A stay of removal request is not only a form. It is a request for discretion, and the facts must be presented carefully.

EOIR Announces 77 Immigration Judges and 5 Temporary Immigration Judges

The Executive Office for Immigration Review announced on May 21, 2026 that it swore in 77 immigration judges and 5 temporary immigration judges. EOIR described this as the largest class of new adjudicators in the agency’s history and stated that the total immigration judge corps has grown to nearly 700.

This may affect immigration court operations, but it does not mean every case will move faster immediately. Immigration court scheduling depends on many factors, including the court location, the assigned judge, the type of case, the procedural history, and whether there are pending motions or appeals.

Anyone with a case in immigration court should continue checking official notices carefully and should not miss any hearing date.

What Families Should Do Now

If you or a loved one has a final order of removal, this is not the time to guess or rely on social media rumors. A stay of removal request may be important in some cases, but it must be prepared carefully and supported with the right evidence.

If you are waiting for a green card, have a pending family petition, are in immigration court, are under ICE supervision, or have questions about a prior removal order, speak with a qualified immigration attorney before making decisions.