DHS Proposes Raising Form I-246 Stay of Deportation Fee From 155 to 755 Dollars

The Department of Homeland Security proposed a rule that raises the filing fee for Form I-246 from 155 dollars to 755 dollars, according to a notice published in the Federal Register on May 7, 2026.

The fee change would affect every individual seeking to halt an active order of deportation or removal while pursuing other forms of relief. Form I-246 is the sole mechanism available to applicants facing imminent removal by U.S. Immigration and Customs Enforcement. The proposed 600-dollar increase per application would apply nationwide to all such requests processed by ICE.

The rule would alter the fee that has remained unchanged since 1989. If finalized, the new 755-dollar charge would take effect 30 days after publication of a final rule in the Federal Register. The proposal also includes technical edits to the underlying regulation at 8 CFR 241.6 to update outdated cross-references and delegations of authority.

Downstream, every pending or future stay request will require applicants to pay the higher amount once the final rule publishes. The 60-day comment window that closes on July 6 requires interested parties to submit electronic comments by that date or risk losing the opportunity to shape the final fee level.

After the comment period, DHS must review all submissions before issuing a final rule, which then triggers the standard 30-day delay before the higher fee applies. The adjustment directly affects ICE’s cost-recovery model for adjudication and may prompt parallel adjustments in related immigration fees tracked under the same regulatory docket 1653-AA82.

This marks the first proposed revision to the I-246 fee in 37 years. The notice states the current 155-dollar amount no longer covers the full cost of processing, consistent with broader fee reviews conducted across DHS immigration forms in recent years. The proposed rule carries a “significant” designation under Executive Order 12866.