The Immigrant Legal Resource Center (ILRC) submitted comments opposing the Department of Homeland Security's proposed rule to increase the filing fee for Form I-246, the Application for a Stay of Deportation or Removal, from $155 to $755. The comment provides that the proposed 387% fee increase is arbitrary and capricious under the Administrative Procedure Act because DHS fails to provide a reasoned justification for the increase or adequately consider its devastating impact on immigrants seeking protection from deportation.
ILRC explains that the proposed fee would create significant barriers for individuals facing imminent removal, many of whom are unrepresented and have limited financial resources. The comment also highlights how the fee increase, combined with recent increases to Board of Immigration Appeals filing fees and other procedural changes, would dramatically restrict access to relief and due process. ILRC urges DHS to withdraw the proposed rule and reject another measure that would make it more difficult for immigrants to access critical protections.