Category: OBBBA Text

(a) Fee authorized.—In addition to any other fee authorized by law, for each calendar year that an alien’s application for asylum remains pending, the Secretary of Homeland Security or the Attorney General, as applicable, shall require the payment of a fee, equal to the amount specified in subsection (b), by such alien.

(b) Amount specified.—

(1) INITIAL AMOUNT.—For fiscal year 2025, the amount specified in this section shall be the greater of—

(A) $100; or

(B) such amount as the Secretary of Homeland Security may establish, by rule.

(2) ANNUAL ADJUSTMENTS FOR INFLATION.—During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—

(A) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(B) the product resulting from the multiplication of the amount referred to in subparagraph (A) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded down to the nearest dollar.

(c) Disposition of annual asylum fees.—All of the fees collected pursuant to this section shall be deposited into the general fund of the Treasury.

(d) No fee waiver.—Fees required to be paid under this section shall not be waived or reduced.

(a) Fee authorized.—In addition to any other fee authorized by law, the Secretary of Homeland Security shall require the payment of a fee, equal to the amount specified in subsection (b), by any alien who submits an application for a Form I–94 Arrival/Departure Record.

(b) Amount specified.—

(1) INITIAL AMOUNT.—For fiscal year 2025, the amount specified in this section shall be the greater of—

(A) $24; or

(B) such amount as the Secretary of Homeland Security may establish, by rule.

(2) ANNUAL ADJUSTMENTS FOR INFLATION.—During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—

(A) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(B) the product resulting from the multiplication of the amount referred to in subparagraph (A) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded down to the nearest dollar.

(c) Disposition of Form I–94 fees.—During each fiscal year—

(1) 20 percent of the fees collected pursuant to this section—

(A) shall be deposited into the Land Border Inspection Fee Account in accordance with section 286(q)(2) (8 U.S.C. 1356(q)(2)); and

(B) shall be made available to U.S. Customs and Border Protection to retain and spend without further appropriation for the purpose of processing Form I–94; and

(2) any amounts not deposited into the Land Border Inspection Fee Account pursuant to paragraph (1)(A) shall be deposited in the general fund of the Treasury.

(d) No fee waiver.—Fees required to be paid under this section shall not be waived or reduced.

(a) Visa integrity fee.—

(1) IN GENERAL.—In addition to any other fee authorized by law, the Secretary of Homeland Security shall require the payment of a fee, equal to the amount specified in this subsection, by any alien issued a nonimmigrant visa at the time of such issuance.

(2) INITIAL AMOUNT.—For fiscal year 2025, the amount specified in this section shall be the greater of—

(A) $250; or

(B) such amount as the Secretary of Homeland Security may establish, by rule.

(3) ANNUAL ADJUSTMENTS FOR INFLATION.—During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—

(A) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(B) the product resulting from the multiplication of the amount referred to in subparagraph (A) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded down to the nearest dollar.

(4) DISPOSITION OF VISA INTEGRITY FEES.—All of the fees collected pursuant to this section that are not reimbursed pursuant to subsection (b) shall be deposited into the general fund of the Treasury.

(5) NO FEE WAIVER.—Fees required to be paid under this subsection shall not be waived or reduced.

(b) Fee reimbursement.—The Secretary of Homeland Security may provide a reimbursement to an alien of the fee required under subsection (a) for the issuance of a nonimmigrant visa after the expiration of such nonimmigrant visa’s period of validity if such alien demonstrates that he or she—

(1) after admission to the United States pursuant to such nonimmigrant visa, complied with all conditions of such nonimmigrant visa, including the condition that an alien shall not accept unauthorized employment; and

(2) (A) has not sought to extend his or her period of admission during such period of validity and departed the United States not later than 5 days after the last day of such period; or

(B) during such period of validity, was granted an extension of such nonimmigrant status or an adjustment to the status of a lawful permanent resident.

(a) In general.—In addition to any other fee authorized by law, the Secretary of Homeland Security shall require the payment of a fee, equal to the amount specified in this section, by any alien, parent, or legal guardian of an alien applying for special immigrant juvenile status under section 101(a)(27)(J) (8 U.S.C. 1101(a)(27)(J)).

(b) Initial amount.—For fiscal year 2025, the amount specified in this section shall be the greater of—

(1) $250; or

(2) such amount as the Secretary of Homeland Security may establish, by rule.

(c) Annual adjustments for inflation.—During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—

(1) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(2) the product resulting from the multiplication of the amount referred to in paragraph (1) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.

(d) Disposition of special immigrant juvenile fees.—All of the fees collected pursuant to this section shall be deposited into the general fund of the Treasury.

Section 244(c)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)(1)(B)) is amended—

(1) by striking “The Attorney General” and inserting the following:

“(i) IN GENERAL.—The Attorney General”;

(2) in clause (i), as redesignated, by striking “$50” and inserting “$500, subject to the adjustments required under clause (ii)”; and

(3) by adding at the end the following:

“(ii) ANNUAL ADJUSTMENTS FOR INFLATION.—During fiscal year 2026, and during each subsequent fiscal year, the maximum amount of the fee authorized under clause (i) shall be equal to the sum of—

“(I) the maximum amount of the fee authorized under this subparagraph for the most recently concluded fiscal year; and

“(II) the product resulting from the multiplication of the amount referred to in subclause (I) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.

“(iii) DISPOSITION OF TEMPORARY PROTECTED STATUS FEES.—All of the fees collected pursuant to this subparagraph shall be deposited into the general fund of the Treasury.

“(iv) NO FEE WAIVER.—Fees required to be paid under this subparagraph shall not be waived or reduced.”.

(a) Asylum applicants.—

(1) IN GENERAL.—In addition to any other fee authorized by law, the Secretary of Homeland Security shall require the payment of a fee, equal to the amount specified in this subsection, by any alien who files an initial application for employment authorization under section 208(d)(2) (8 U.S.C. 1158(d)(2)) at the time such initial employment authorization application is filed.

(2) INITIAL AMOUNT.—During fiscal year 2025, the amount specified in this subsection shall be the greater of—

(A) $550; or

(B) such amount as the Secretary of Homeland Security may establish, by rule.

(3) ANNUAL ADJUSTMENTS FOR INFLATION.—During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—

(A) the amount of the fee required under this section for the most recently concluded fiscal year; and

(B) the product resulting from the multiplication of the amount referred to in subparagraph (A) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.

(4) DISPOSITION OF EMPLOYMENT AUTHORIZATION DOCUMENT FEES.—During each fiscal year—

(A) 25 percent of the fees collected pursuant to this subsection—

(i) shall be credited to U.S. Citizenship and Immigration Services;

(ii) shall be deposited into the Immigration Examinations Fee Account established under section 286(m) (8 U.S.C. 1356(m)); and

(iii) may be retained and expended by U.S. Citizenship and Immigration Services without further appropriation, provided that not less than 50 percent is used to detect and prevent immigration benefit fraud; and

(B) any amounts collected pursuant to this subsection that are not credited to U.S. Citizenship and Immigration Services pursuant to subparagraph (A) shall be deposited into the general fund of the Treasury.

(5) NO FEE WAIVER.—Fees required to be paid under this subsection shall not be waived or reduced.

(b) Parolees.—

(1) IN GENERAL.—In addition to any other fee authorized by law, the Secretary of Homeland Security shall require the payment of a fee, equal to the amount specified in this subsection, by any alien paroled into the United States for any initial application for employment authorization at the time such initial application is filed. Each initial employment authorization shall be valid for a period of 1 year or for the duration of the alien’s parole, whichever is shorter.

(2) INITIAL AMOUNT.—During fiscal year 2025, the amount specified in this subsection shall be the greater of—

(A) $550; or

(B) such amount as the Secretary of Homeland Security may establish, by rule.

(3) ANNUAL ADJUSTMENTS FOR INFLATION.—During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this subsection shall be equal to the sum of—

(A) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(B) the product resulting from the multiplication of the amount referred to in subparagraph (A) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.

(4) DISPOSITION OF PAROLEE EMPLOYMENT AUTHORIZATION APPLICATION FEES.—All of the fees collected pursuant to this subsection shall be deposited into the general fund of the Treasury.

(5) NO FEE WAIVER.—Fees required to be paid under this subsection shall not be waived or reduced.

(c) Temporary protected status.—

(1) IN GENERAL.—In addition to any other fee authorized by law, the Secretary of Homeland Security shall require the payment of a fee, equal to the amount specified in this subsection, by any alien who files an initial application for employment authorization under section 244(a)(1)(B) (8 U.S.C. 1254a(a)(1)(B)) at the time such initial application is filed. Each initial employment authorization shall be valid for a period of 1 year, or for the duration of the alien’s temporary protected status, whichever is shorter.

(2) INITIAL AMOUNT.—During fiscal year 2025, the amount specified in this subsection shall be the greater of—

(A) $550; or

(B) such amount as the Secretary of Homeland Security may establish, by rule.

(3) ANNUAL ADJUSTMENTS FOR INFLATION.—During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this subsection shall be equal to the sum of—

(A) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(B) the product resulting from the multiplication of the amount referred to in subparagraph (A) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.

(4) DISPOSITION OF EMPLOYMENT AUTHORIZATION APPLICATION FEES COLLECTED FROM ALIENS GRANTED TEMPORARY PROTECTED STATUS.—All of the fees collected pursuant to this subsection shall be deposited into the general fund of the Treasury.

(5) NO FEE WAIVER.—Fees required to be paid under this subsection shall not be waived or reduced.

(a) In general.—Except as provided under subsection (b), the Secretary of Homeland Security shall require the payment of a fee, equal to the amount specified in this section and in addition to any other fee authorized by law, by any alien who is paroled into the United States.

(b) Exceptions.—An alien shall not be subject to the fee otherwise required under subsection (a) if the alien establishes, to the satisfaction of the Secretary of Homeland Security, on an individual, case-by-case basis, that the alien is being paroled because—

(1) (A) the alien has a medical emergency; and

(B) (i) the alien cannot obtain necessary treatment in the foreign state in which the alien is residing; or

(ii) the medical emergency is life-threatening and there is insufficient time for the alien to be admitted to the United States through the normal visa process;

(2) (A) the alien is the parent or legal guardian of an alien described in paragraph (1); and

(B) the alien described in paragraph (1) is a minor;

(3) (A) the alien is needed in the United States to donate an organ or other tissue for transplant; and

(B) there is insufficient time for the alien to be admitted to the United States through the normal visa process;

(4) (A) the alien has a close family member in the United States whose death is imminent; and

(B) the alien could not arrive in the United States in time to see such family member alive if the alien were to be admitted to the United States through the normal visa process;

(5) (A) the alien is seeking to attend the funeral of a close family member; and

(B) the alien could not arrive in the United States in time to attend such funeral if the alien were to be admitted to the United States through the normal visa process;

(6) the alien is an adopted child—

(A) who has an urgent medical condition;

(B) who is in the legal custody of the petitioner for a final adoption-related visa; and

(C) whose medical treatment is required before the expected award of a final adoption-related visa;

(7) the alien—

(A) is a lawful applicant for adjustment of status under section 245 (8 U.S.C. 1255); and

(B) is returning to the United States after temporary travel abroad;

(8) the alien—

(A) has been returned to a contiguous country pursuant to section 235(b)(2)(C) (8 U.S.C. 1225(b)(2)(C)); and

(B) is being paroled into the United States to allow the alien to attend the alien’s immigration hearing;

(9) the alien has been granted the status of Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980 (Public Law 96–422; 8 U.S.C. 1522 note); or

(10) the Secretary of Homeland Security determines that a significant public benefit has resulted or will result from the parole of an alien—

(A) who has assisted or will assist the United States Government in a law enforcement matter;

(B) whose presence is required by the United States Government in furtherance of such law enforcement matter; and

(C) (i) who is inadmissible or does not satisfy the eligibility requirements for admission as a nonimmigrant; or

(ii) for which there is insufficient time for the alien to be admitted to the United States through the normal visa process.

(c) Initial amount.—For fiscal year 2025, the amount specified in this section shall be the greater of—

(1) $1,000; or

(2) such amount as the Secretary of Homeland Security may establish, by rule.

(d) Annual adjustments for inflation.—During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—

(1) the amount of the fee required under this subsection for the most recently concluded fiscal year; and

(2) the product resulting from the multiplication of the amount referred to in paragraph (1) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.

(e) Disposition of fees collected from aliens granted parole.—All of the fees collected pursuant to this section shall be deposited into the general fund of the Treasury.

(f) No fee waiver.—Except as provided in subsection (b), fees required to be paid under this section shall not be waived or reduced.

(a) In general.—In addition to any other fee authorized by law, the Secretary of Homeland Security or the Attorney General, as applicable, shall require the payment of a fee, equal to the amount specified in this section, by any alien who files an application for asylum under section 208 (8 U.S.C. 1158) at the time such application is filed.

(b) Initial amount.—During fiscal year 2025, the amount specified in this section shall be the greater of—

(1) $100; or

(2) such amount as the Secretary or the Attorney General, as applicable, may establish, by rule.

(c) Annual adjustments for inflation.—During fiscal year 2026, and during each subsequent fiscal year, the amount specified in this section shall be equal to the sum of—

(1) the amount of the fee required under this section for the most recently concluded fiscal year; and

(2) the product resulting from the multiplication of the amount referred to in paragraph (1) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.

(d) Disposition of asylum fee proceeds.—During each fiscal year—

(1) 50 percent of the fees received from aliens filing applications with the Attorney General—

(A) shall be credited to the Executive Office for Immigration Review; and

(B) may be retained and expended without further appropriation;

(2) 50 percent of fees received from aliens filing applications with the Secretary of Homeland Security—

(A) shall be credited to U.S. Citizenship and Immigration Services;

(B) shall be deposited into the Immigration Examinations Fee Account established under section 286(m) (8 U.S.C. 1356(m)); and

(C) may be retained and expended without further appropriation; and

(3) any amounts received in fees required under this section that were not credited to the Executive Office for Immigration Review pursuant to paragraph (1) or to U.S. Citizenship and Immigration Services pursuant to paragraph (2) shall be deposited into the general fund of the Treasury.

(e) No fee waiver.—Fees required to be paid under this section shall not be waived or reduced.

(a) Applicability.—The fees under this subtitle shall apply to aliens in the circumstances described in this subtitle.

(b) Terms.—The terms used under this subtitle shall have the meanings given such terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

(c) References to Immigration and Nationality Act.—Except as otherwise expressly provided, any reference in this subtitle to a section or other provision shall be considered to be to a section or other provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

SEC. 100101. Appropriation to the Administrative Office of the United States Courts.

In addition to amounts otherwise available, there is appropriated to the Director of the Administrative Office of the United States Courts, out of amounts in the Treasury not otherwise appropriated, $1,250,000 for each of fiscal years 2025 through 2028, for the purpose of continuing analyses and reporting pursuant to section 604(a)(2) of title 28, United States Code, to examine the state of the dockets of the courts and to prepare and transmit statistical data and reports as to the business of the courts, including an assessment of the number, frequency, and related metrics of judicial orders issuing non-party relief against the Federal Government and their aggregate cost impact on the taxpayers of the United States, as determined by each court when imposing securities for the issuance of preliminary injunctions or temporary restraining orders against the Federal Government pursuant to rule 65(c) of the Federal Rules of Civil Procedure.

SEC. 100102. Appropriation to the Federal Judicial Center.

(a) Appropriation.—In addition to amounts otherwise available, there is appropriated to the Director of the Federal Judicial Center, out of amounts in the Treasury not otherwise appropriated, $1,000,000 for each of fiscal years 2025 through 2028, for the purpose described in subsection (b).

(b) Use of funds.—The Federal Judicial Center shall use the amounts appropriated under subsection (a) for the continued implementation of programs pursuant to section 620(b)(3) of title 28, United States Code, to stimulate, create, develop, and conduct programs of continuing education and training for personnel of the judicial branch, including training on the absence of constitutional and statutory authority supporting legal claims that seek non-party relief against the Federal Government, and strategic approaches for mitigating the aggregate cost impact of such legal claims on the taxpayers of the United States.