The U.S. Department of Homeland Security (DHS) proposed increasing from $155 to $755 the fee for Form I-246, used by people with a final deportation or removal order who are requesting a temporary stay of their immigration status. xpulsion of the country.

The Form I-246 allows to request a “stay of removal”, a figure through which ICE can temporarily postpone the execution of a deportation. Although it doesn't remove the removal order nor grant immigration status, it's usually become a key tool for people facing humanitarian circumstances, medical problems, pending processes or complex family situations while trying to avoid an immediate exit from the United States.

This form has functioned as a temporary tool for individuals facing humanitarian circumstances or pending processes while attempting to avoid immediate deportation a. An increase of this magnitude could raise concerns about actual access to this type of administrative reliefs, especially for immigrants with limited economic resources.

According to the official document, DHS argues that the current rate has not been modified since 1989 and no longer covers the actual costs of awarding. The agency claims that the new value is sought. recover administrative, labor, technological and review expenses associated with the analysis of each request. ICE calculates that processing each request costs approximately $755 dollars.

In the text, DHS states that U.S. taxpayers shouldn't finance processes requested by people who already have final deportation and permission orders they appear in the country in an irregular manner. The agency maintains that these requests correspond to discretionary acts of the government and not an automatic immigrant's right.

Requests for suspension of deportation are usually used at times of high vulnerability for immigrants. The possibility of being presented Such a broad tariff change could modify the way many people approach their immigration processes and plan their legal options.

The economic turn behind the possible increase to Form I-246

Data included in the proposal show that ICE received 3,745 payments related to Form I-246 during the fiscal year cal 2025. With the new cost, the government estimates raising approximately $2 million per year between 2026 and 2027.

The document also shows a change in approach within federal immigration policy. Instead of presenting the procedure as a humanitarian or administrative mechanism, the proposal emphasizes concepts such as recovery ion of costs, reduction of public subsidies and prevention of incentives to irregular immigration. Such language could anticipate future increases in other immigration benefits administered by DHS and USCIS.

The debate is not limited to the amount of the fee. It also raises questions about effective access to immigration relief mechanisms for people who often face complex processes, economic limitations, and significant legal barriers.

The proposal will remain open to public comments until July 6 before DHS decides whether to definitively adopt the increase. ision of ICE seeking to gain additional time while resolving judicial processes, family petitions, medical emergencies or other extraordinary circumstances related to their permanence in the United States.

(*) Héctor Quiroga is an immigration attorney from Quiroga Law Office, PLLC, a law firm located in Washington, Nevada and Mexico.?