DID A FEDERAL COURT CANCEL THE ANNUAL ASYLUM FEE? HERE’S THE REAL ANSWER

DID A FEDERAL COURT CANCEL THE ANNUAL ASYLUM FEE? HERE’S THE REAL ANSWER

#AsylumFee #Asylum #I589 #EOIR #USCIS #ImmigrationCourt #ImmigrationNews #CAT

A September 22 federal-court decision vacated EOIR’s implementation memorandum and payment-order process for the annual asylum fee. That has created headlines suggesting the fee itself disappeared.

The distinction matters: the ruling targeted EOIR’s implementation mechanism and did not simply erase the statute creating the annual asylum fee. USCIS also continues to maintain an annual-asylum-fee payment process subject to separate litigation.

This video explains why asylum applicants should not ignore an existing notice or payment issue based only on a social-media headline.

Did a federal judge cancel the annual asylum fee? The answer is more complicated than some headlines suggest.

On September 22, a federal court vacated EOIR’s memorandum and template payment order used to implement the annual asylum fee in Immigration Court cases.

The court identified serious problems with the implementation process, including proof-of-payment issues and language suggesting that nonpayment could affect forms of protection such as withholding of removal or CAT.

So is the annual asylum fee completely gone?

No. The court did not simply strike down the statute that created the annual asylum fee.

That distinction is very important. EOIR’s implementation procedure was invalidated, but the underlying statutory fee issue remains. USCIS also has its own annual-asylum-fee process, which has been affected by separate litigation.

Important: If you have received a fee notice, court order, or USCIS payment notice, do not ignore it based on a social-media post saying the fee was canceled.

The correct response depends on whether your asylum case is with USCIS or Immigration Court, what notice you received, and what current court orders apply.

This area is changing quickly. Keep copies of every payment notice and receipt, and obtain case-specific advice if you are unsure what is due.

Follow us for updates as EOIR and USCIS respond to the court rulings.

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