By Hector Quiroga*
The United States Department of Homeland Security (DHS) proposed increasing the fee for Form I-246, used by people with a final order of deportation or removal who request a temporary suspension of their removal from the country, from $155 to $755. The measure was published this May 7 in the Federal Register and represents an increase of 387%, one of the most drastic adjustments recently proposed in procedures associated with discretionary immigration processes.
Form I-246 allows you to request a “pause of removal”, a figure through which ICE can temporarily postpone the execution of a deportation. Although it does not eliminate the removal order or grant immigration status, it often becomes a key tool for people who face humanitarian circumstances, medical problems, pending proceedings or complex family situations while trying to avoid an immediate departure from the United States.
This form has served as a temporary tool for people facing humanitarian circumstances or pending proceedings while trying to avoid immediate deportation. An increase of this magnitude could raise concerns about actual access to these types of administrative relief, especially for immigrants with limited economic resources.
According to the official document, DHS argues that the current rate has not been modified since 1989 and no longer covers the actual costs of adjudication. The agency assures that the new value seeks to recover administrative, labor, technological and review expenses associated with the analysis of each request. ICE estimates that processing each petition costs approximately $755.
In the text, the DHS states that American taxpayers should not finance processes requested by people who already have final deportation orders and remain in the country irregularly. The agency maintains that these requests correspond to discretionary acts of the government and not an automatic right of the immigrant.
Requests for suspension of deportation are often used at times of high vulnerability for immigrants. The possibility of such a broad rate change could change the way many people face their immigration processes and plan their legal options.
The economic twist behind the possible increase to Form I-246
Data included in the proposal shows that ICE received 3,745 payments related to Form I-246 during fiscal year 2025. With the new cost, the government estimates collecting approximately $2 million additional per year between 2026 and 2027.
The document also reveals a change in focus within federal immigration policy. Instead of presenting the procedure as a humanitarian or administrative mechanism, the proposal emphasizes concepts such as full cost recovery, reduction of public subsidies and prevention of incentives for irregular immigration. That language could anticipate future increases in other immigration benefits administered by DHS and USCIS.
The debate is not limited to the amount of the fee. It also raises questions about effective access to immigration relief mechanisms for people who often face complex processes, economic limitations, and significant legal barriers.
The proposal will remain open to public comment until July 6 before DHS decides whether to definitively adopt the increase. If it comes into effect, the change would especially impact immigrants under ICE supervision who seek to gain additional time while resolving judicial processes, family petitions, medical emergencies or other extraordinary circumstances related to their stay in the United States.
Hector Quiroga
is an immigration attorney at Quiroga Law Station of employment, PLLC, a law firm located in Washington, Nevada and Mexico.?
