On June 22, 2026, the Immigrant Legal Resource Center (ILRC) submitted a comment opposing ICE’s proposed rule to increase the fee imposed on individuals ordered removed in absentia from $5,130 to $18,000. The ILRC provides that the proposal exceeds DHS’s statutory authority by seeking to recover costs beyond those authorized by Congress and relies on an arbitrary and flawed methodology to justify the substantial increase. The comment highlights that the rule fails to account for systemic barriers that contribute to in absentia removal orders, including lack of legal representation, inadequate notice, accelerated court proceedings, and recent policy changes that make it harder for immigrants to receive communications about their cases. The ILRC contends that the proposed fee would impose severe financial burdens on immigrants and mixed-status families, particularly vulnerable populations such as children, survivors, and low-income individuals. Additionally, the comment states that the rule raises significant legal and constitutional concerns, including issues related to retroactivity, due process, procedural fairness, and the Eighth Amendment’s prohibition on excessive fines, and urges DHS to withdraw the proposal in its entirety.