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Congressional Republicans are proposing an array of new fees on immigrants seeking to remain in the United States in a move that advocates warn will create insurmountable financial barriers.
Legislation moving through the GOP-controlled House of Representatives could require immigrants to pay potentially hundreds or thousands of dollars to seek asylum, care for a minor in the government’s custody, or apply for humanitarian parole.
Republican lawmakers have described the fees as necessary to offset the costs of Donald Trump’s immigration crackdown. But experts who work with immigrants say putting more economic pressure on people attempting to navigate US immigration laws could drain what little money they have, force them into exploitative work arrangements, or push them to leave the country altogether.
“These are essentially a mask for targeted attacks towards some of the most vulnerable immigrants that we currently have going through our legal system right now: asylum seekers, children, survivors of crimes,” said Victoria Maqueda Feldman, director of legal programs at Ayuda, which assists low-income immigrants in Washington DC, Virginia and Maryland.
Trump has made it a priority of his administration to not only rid the country of undocumented immigrants, but also to stop many new immigrants from entering the country. The GOP-controlled Congress is negotiating what he has dubbed “one big, beautiful bill”, a huge spending and taxation package that includes provisions to turn his hardline immigration proposals into reality.
Republicans are limited in what they can accomplish in Congress due to the Senate’s filibuster, which the Democratic minority can use to block legislation it does not support. The GOP is seeking to enact Trump’s legislative agenda through the budget reconciliation procedure, under which bills can pass with simple majorities in both chambers but must affect only spending and revenues – like fees.
“This system has left these agencies with funding shortfalls paid for by American taxpayers,” said Jim Jordan, the Republican chair of the House judiciary committee. “The fees included in this bill will … allow us to make the necessary investments in immigration enforcement in a fiscally responsible manner.”
Heidi Altman, vice-president of policy at the National Immigration Law Center, said the new fees appeared targeted at the sorts of immigrants that the Trump administration has prioritized keeping out, such as asylum seekers, who arrived in large numbers during Joe Biden’s term.
“It’s part of the administration’s assault on humanitarian protections for immigrant communities,” Altman said. “This is an entire new way of thinking about fees as a penalty, essentially, for an immigrant status.”
Under the bill, immigrants would have to pay $1,000 to apply for asylum, $100 to keep an application active each year as it makes it through the overburdened immigration system, and $550 for a work permit. People requesting humanitarian parole to enter the United States would have to pay $1,000, and abused or neglected children who qualify for a program called Special Immigrant Juvenile Status would have to pay $500. Immigration cases can take a long time to resolve in court, but if a defendant asks a judge for a continuance, they would have to pay $100 each time.
These fees do not exist under current law, and the bill specifies they cannot be waived in almost all circumstances.
The new fees are targeted at people, often relatives, who seek to sponsor children who crossed the border without a parent or guardian and wind up in the government’s care. In order to take custody of an unaccompanied minor, adults would have to pay $3,500 to partially pay back the government for the minor’s care, along with another $5,000 to ensure the child attends their court hearings, though that money can be reimbursed if they do.
“In some cases, that would be placing $3,500 between a mother or a father being able to get their child out of government custody and back into their own home,” Altman said.
The fees were proposed as the Trump administration looks for novel ways to push immigrants out, including by offering them cash to leave. The bill gives a preview of what more will come, should the president receive the tens of billions of dollars he has requested from Congress.
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More than $50bn is allocated in the legislation to construct a wall along the border with Mexico, as well as fortifications elsewhere. Immigration and Customs Enforcement (Ice) will receive $45bn for detention facilities, $14bn for its deportation operations and billions of dollars more to hire 10,000 new agents by 2029.
For the low-income clients Ayuda serves, Feldman predicted that the fees “could amount to a complete barrier to forms of relief”.
Some might be able to pull together the money, but “through means that could put them in greater danger. So, having to work under the table, putting them at risk for labor trafficking. They might have to take out loans that have very high interest rates, putting them at risk for having to pay off something that is very expensive.”
The bill is a top priority of congressional Republicans, but its pathway to enactment is unclear. On Friday, rightwing Republican lawmakers blocked its progress through a key House committee, arguing it did not cut government spending deeply enough.
Last month, when the judiciary committee met to approve the portion of the bill that included the fee increases, GOP lawmakers approved it quickly, with little signs of dissent.
