February 28, 2026
Alexander A. Krasnyanskiy, Esq,
ICE/USCIS Memorandum of 2.28.2026: Arrests and Detention for Late Green Card Filing
Annual Asylum Fees in 2026: Who Pays, When, and What Happens if You Do Not Pay
Today we will discuss the reinstatement of annual fees that were introduced by the government in 2025 for people whose asylum cases have been pending in immigration courts or CIS for more than one year. Below is an explanation of which categories of asylum seekers must pay the annual maintenance fee for their cases in immigration courts or CIS, how and when the payment must be made, what the February 2, 2026 court decision means after lifting the injunction on these fees, and what happens if the payment is not made on time.
Where This Fee Came From and Why It Was Allowed Again
In July 2025, the U.S. Congress passed a law introducing an annual fee for pending asylum cases. The reasoning was straightforward: many asylum cases remain pending for years, and Congress decided that it would be fair for asylum seekers, rather than U.S. taxpayers, to cover at least part of the administrative costs of maintaining these cases. In addition, some migrants without legitimate claims were using the asylum process simply to prolong their stay in the United States. The fee was intended to discourage that practice.
For many applicants the fee came as a surprise, and a group of asylum seekers supported by the ASAP project filed a lawsuit against the government. The lawsuit focused on procedural issues related to how the law was implemented. The constitutionality of the law itself was not challenged.
The court temporarily suspended the fees, which often happens in such cases, in order to allow the parties to clarify their arguments and possibly correct procedural issues. The law itself was not struck down. The main concern involved coordination problems between CIS and the immigration courts during implementation.
The full text of both the injunction and the decision lifting it is attached. A detailed legal analysis of the decision provides little practical value here.
On February 2, 2026, the court lifted the injunction and allowed federal agencies to enforce the law again and resume collecting the fees. ASAP attempted to extend the suspension, but the court rejected their arguments. As a result, both CIS and the immigration courts have reinstated annual asylum fees.
How It Will Work in CIS
The fee will be charged to anyone whose asylum application has been pending for one year or longer. The fee is not waived even for applicants with low income. The amount has increased and is now 102 dollars, and it will likely increase each year.
Payment is made once per application. You do not pay separately for each family member included in the same application. However, if multiple separate asylum applications exist—for example if both spouses filed independently—each application requires its own payment.
Most importantly, you must receive official notice requesting the payment. From the date of the notice you will have 30 days to pay. The invoice is issued on the anniversary of the asylum filing.
The payment itself must be made through an online portal. The address of the portal will be included in the notice. To pay you must know your alien number and your case number, which are usually listed on the receipt issued after filing Form I-589.
The system has not worked smoothly in the past and may continue to function inconsistently. Nevertheless, the payment still must be made.
Missing the payment can lead to serious consequences. If the fee is not paid, there is a significant risk that the asylum case will be closed. Applicants must monitor their mail and ensure that CIS has their current address.
One important detail: past years are not billed retroactively. Only a single payment is required when the fee first applies. For example, if a case has been pending for five years, CIS will send a single invoice for 102 dollars covering the entire period. If the case continues afterward, the fee will be charged annually.
An example of the notice is provided for reference, although the format may change.
How It Will Work in Immigration Courts and the Appellate Board
The same one-year rule applies here. For each additional year that the case remains pending, a fee of 102 dollars plus annual inflation adjustment may be charged until the case is resolved.
The notification procedure is different. Unlike CIS, immigration courts do not automatically send notices on the anniversary of filing. Instead, the immigration judge must notify the applicant. This may occur either through a written order or verbally during a hearing.
Practices may vary from judge to judge, so monitoring communications from the court is essential. Not all attorneys are aware that the fees have been reinstated.
There is also no mandatory 30-day payment deadline. The judge sets the deadline. Some have claimed the deadline could be extremely short. In practice, very short deadlines have occurred.
How to Pay the Court Fee
Payment is made through an online portal similar to the CIS system. The applicant selects the payment type and enters the alien number and additional identifying information.
After payment, the receipt must be saved. Retrieving it later can be difficult. Although the system is supposed to attach the receipt automatically to the case file, this does not always happen.
It is advisable to upload the receipt to the court system through ECAS immediately. Attorneys typically handle this step, but instructions exist for self-represented applicants.
In a recent case involving another attorney, the receipt was not automatically recorded and the judge requested proof of payment. Fortunately, it was eventually located in the payment database.
In that instance, the applicant had paid voluntarily without receiving notice, and the court still expected proof of payment. Otherwise, the rules generally mirror those used by CIS.
Main Differences Between CIS and Immigration Court
If CIS handles the case, the process is more standardized. A letter arrives in advance and provides 30 days to pay, with clear instructions.
Immigration courts operate less predictably. There is no automatic notification system, and procedures depend on the individual judge or court. Written orders may or may not be issued, and payment deadlines vary.
Why Paying in Advance May Make Sense
Because the fee is relatively small, applicants whose cases have been pending longer than one year may consider paying it in advance instead of waiting for a request.
Nonpayment may become grounds to close a case. Paying early removes that risk and may prevent unnecessary complications during an already complex process.
Fee waivers are not available for this charge. Everyone must pay. For applicants who can afford it, paying early may reduce administrative risk and prevent a case from being denied solely because the annual fee was not paid.
Attachments
The appendix includes the full regulatory text from CIS, the immigration courts, and the appellate board, along with the court decisions concerning the suspension and reinstatement of the fees. These policies may change, so monitoring updates is important.
Best wishes to everyone.
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Alexander A. Krasnyanskiy, Esq,