United States: Congress Passes Budget Reconciliation Bill with Immigration Impact

The legislation creates new fees for several humanitarian immigration programs, including additional fees for initial and renewed employment authorization documents (EADs) and new limits on the validity period of those EADs. The legislation also gives the Department of Homeland Security new authority to assess adjudication and naturalization fees for asylum applicants and asylees that, in a departure from existing law, are not limited by the actual cost of adjudication.

* After FY 2025, fees will be adjusted annually for inflation.

** DHS is authorized to establish by regulation a higher fee than that specified in the legislation. 

The legislation also imposes significant new fees on applications and other procedures that are filed or adjudicated in immigration court during removal proceedings, including applications for adjustment of status, Temporary Protected Status, and others.

The legislation creates a new “visa integrity fee” for visa applicants and increases certain other fees related to travel to and admission into the United States.

* After FY 2025, fees will be adjusted annually for inflation.

** DHS is authorized to establish by regulation a higher fee than that specified in the legislation. 

The legislation provides for significant increases in funding for border security and interior immigration enforcement. This includes:

• $46.55 billion for the border infrastructure and wall system;
• $45 billion for immigration detention facilities for single adults and families;
• $29.85 billion to Immigration and Customs Enforcement (ICE) for recruiting, hiring, training, and retaining officers among other purposes;
• $10 billion for creation of a state border security reinforcement fund;
• $10 billion for costs related to DHS’s border security activities;
• $6.168 billion for border inspection equipment, technology, and related costs;
• $4.1 billion for CBP personnel hiring and training, $2.05 billion for bonuses and awards, $855 million for vehicles, and $5 billion for facilities and checkpoints; and
• $2.055 billion for immigration and enforcement activities, including costs associated with removal of foreign nationals.

The legislation imposes significant new fees on individuals who rely on humanitarian immigration programs for their status in the United States and their ability to work, markedly increasing the cost of these benefits and requiring program beneficiaries to more frequently renew their employment authorization documents in many cases. The anticipated increase in humanitarian employment authorization applications could slow processing times for EADs and other case types if USCIS shifts workloads to meet increased volume. The bill will modestly increase the cost of U.S. visas and entry for all foreign travelers to the United States, except for lawful permanent residents.

Appropriations for border security and interior enforcement – which far exceed previous federal budgets – are likely to mean increases in worksite inspections among other immigration enforcement activities.