Until 2025, there was no mandatory annual fee in the United States to keep an asylum case open. Filing an asylum application with U.S. Citizenship and Immigration Services (USCIS) or before an immigration judge within the Executive Office for Immigration Review (EOIR) carried no cost for the applicant. This changed with the passage of the federal fiscal law known as H.R. 1, the “One Big Beautiful Bill,” which for the first time introduced two fees for asylum applicants: An initial filing fee of $100. An annual fee of $100 for each year the case remains pending. How Does the Annual Fee Work? The so-called Annual Asylum Fee (AAF) requires every applicant with an open asylum case to pay $100 for each calendar year in which the application has not yet been decided. This charge applies regardless of the outcome of the case and cannot be waived or reduced. According to organizations closely monitoring the issue, the fee is assessed in two main contexts: Before USCIS: If the application has been pending for at least one year, USCIS must send a formal notice to the applicant with payment instructions. Within the immigration court system (EOIR): Cases that have been pending for more than one year also trigger the obligation to pay $100 per year, although for some time there was no clear mechanism to make this payment through EOIR’s platform. USCIS Enables Online Payment Amid Ongoing Confusion Beginning in October 2025, USCIS enabled an official online payment portal allowing asylum applicants to pay both the initial filing fee and the annual fee. This step was part of the broader implementation of the new fees established under H.R. 1. However, not all applicants have received clear notifications. According to reports, many asylum seekers are still waiting for information about when and how to pay the AAF, while some immigration judges have already begun requesting payment even when payment mechanisms were not yet available to everyone. Risks for Applicants Due to Lack of Clarity The rollout of the annual fee has been so confusing that at least one documented case shows an applicant being ordered deported for failing to pay the annual fee before any established method for payment existed. This situation was reported in a lawsuit filed by the Asylum Seeker Advocacy Project (ASAP). As a result, panic has spread among asylum seekers, along with a surge of phone calls and emails overwhelming immigration law firms and USCIS itself. To date, however, significant misinformation still persists. Temporary Suspension by Court Order Due to the lack of clear mechanisms and the contradictory guidance issued by federal agencies, a federal court in Maryland issued an order temporarily pausing the enforcement of the annual fee. This decision stems from the lawsuit ASAP v. USCIS, which argues that: The annual fee was applied retroactively without clear prior notice. There was no effective method to pay the fee before it was required. The agencies acted arbitrarily and inconsistently with one another. The ruling granted a temporary stay that prevents USCIS and EOIR from requiring payment while the legal dispute continues and prohibits penalizing cases for nonpayment during that period. Fee Adjustments for 2026 In addition to the ongoing litigation, USCIS announced that certain fees would be adjusted for inflation effective January 1, 2026. Under this adjustment, the annual fee for asylum applications would increase from $100 to $102, although collection of this fee remains suspended by court order. What Does All This Mean for Applicants? In summary: As of 2025, there is a $100 annual fee to keep an asylum case open, in addition to the initial filing fee. USCIS has enabled online payments and has been sending notices to affected applicants. There is widespread confusion and lack of clarity about how and when to pay, especially for cases in immigration court. A federal court has temporarily paused collection of the AAF while litigation is ongoing. Fees are set to be adjusted for inflation in 2026, although their enforcement depends on the outcome of the court case. The introduction of an annual fee for asylum applicants in the United States represents a profound shift in immigration policy, with potentially significant effects on those awaiting decisions in their cases. Although the fee exists in law and USCIS has begun implementing payment mechanisms, practical enforcement is currently on hold due to a court order intended to protect applicants from unfair consequences. The situation continues to evolve, and it is important to stay alert to new legal and administrative developments.

The frequent arrest of immigrants inside immigration courthouses has become the subject of a major investigation. What, until a few months ago, were simply routine hearings have now become a source of fear for thousands of immigrants who are required to appear before these courts. It is increasingly evident that immigrants enter asylum hearings, have their cases dismissed, and upon exiting the courtroom are met by ICE or federal agents waiting to arrest them and begin the deportation process. A current investigation conducted by the Associated Press, titled “Migrants thought they were in court for a routine hearing. Instead, it was a deportation trap,” reveals the extent of this troubling pattern. Josh Goodman, a member of the investigative team, spoke to PBS News and stated that they have closely documented these procedures. “Nationwide, it’s estimated that there have been more than 2,000 arrests carried out this way. Some courthouses were quite chaotic, arresting people in the hallways. People were trapped in elevators. Journalists were mistreated. There were scenes of parents being separated from their children, and women pleading with federal agents to let their husbands go.” Goodman added: “What we’ve seen now under the second Trump administration is that they are effectively exploiting those vulnerabilities, issuing new directives about what judges can and cannot decide. And they are drastically limiting the discretion these judges have to rule on cases.” In a report published by AP News, journalists Martha Bellisle, Claire Rush, and Kate Brumback collaborated to provide a rare and comprehensive account of the large-scale arrests taking place in immigration courts across the country. Bellisle, based in Seattle, and Brumback, in Atlanta, spent weeks attending immigration court hearings, looking for patterns and untold stories. What they discovered was alarming: immigrants were being arrested immediately after the government dismissed their deportation cases — in effect luring them into court only to detain them as they walked out. The journalists describe multiple cases involving immigrants from countries such as Mexico, Venezuela, and Haiti — individuals who said their lives would be in danger if they returned home — yet their cases were dismissed and they were arrested by federal agents right after leaving the courtroom. In Summary These investigations show that immigration courts, which operate under the authority of the federal government, may be functioning more like detention sites than impartial judicial venues. Thousands of people — including asylum seekers, migrant families, and individuals with minor offenses — may be being trapped by a system that, according to AP, uses the courts to facilitate deportations without fair process. The practice raises serious concerns about fundamental principles of the justice system: access to legal representation, genuine hearings, transparency, and human dignity. If you have a pending asylum hearing or need advice regarding any immigration matter, do not hesitate to contact us at 719-602-5577.