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The Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE) has determined that the current fee for ICE Form I-246, Application for a Stay of Deportation or Removal, does not fully recover the costs incurred to perform the full range of activities associated with determining if an alien ordered deported or removed from the United States is eligible to obtain a stay of deportation or removal. DHS will propose to adjust the fee to capture the full cost of accepting or denying an alien’s request for a stay.  

Statement of Need:

ICE has determined that the current fee for Form I-246 does not fully recover the costs incurred to perform the full range of activities associated with determining if an alien ordered deported or removed from the United States is eligible to obtain a stay of deportation or removal.

Summary of the Legal Basis:

Section 241 of the Immigration and Nationality Act (INA) authorizes the Secretary to issue a stay of deportation of removal (hereafter referred to as stay) if DHS decides that-(i) immediate removal is not practicable or proper; or (ii) the alien is needed to testify in the prosecution of a person for a violation of a law of the United States or of any State. See 8 U.S.C. 1231(c)(2). Through delegation of powers from the Secretary, ICE is authorized to adjudicate stays that are submitted to ICE on Form I-246, Application for a Stay of Deportation or Removal (Form I-246). 

Section 286(m) of the INA authorizes the Secretary to collect fees for adjudication and naturalization services at a level that would ensure recovery of the full costs of providing such services, including the costs of providing similar services without charge to aliens who were granted a fee waiver and/or aliens whose application was rejected without accepting the fee. Additionally, pursuant to INA section 286(m), the level that is set may include recovery of any additional costs associated with the administration of the fees. 

Anticipated Costs and Benefits:

ICE is in the process of assessing the impacts of this rule. The rule would increase the fee for aliens applying for a stay of deportation or removal with the Form I-246. The fee adjustment would result in an increase in transfers from aliens to ICE. The proposed fee would cover ICE’s costs of Form I-246 processing and adjudication.