The Trump administration has introduced a new $5,000 “apprehension fee” for migrants in the U.S. without legal status, a senior Border Patrol official announced.
U.S. Border Patrol Chief Michael Banks said the fee will apply to individuals apprehended after crossing the border between ports of entry, expanding financial penalties tied to unauthorized entry.
According to Banks, the charge will be imposed on people age 14 and older who are taken into custody after entering the country unlawfully. The penalty is based on provisions in the One Big Beautiful Bill Act (OBBBA), passed earlier this year by the Republican-controlled Congress.
“This message applies to all illegal aliens—regardless of where they entered, how long they’ve been in the U.S., their current location, or any ongoing immigration proceedings,” Banks wrote in a post on X.
Why It Matters
The Department of Homeland Security (DHS) has rolled out a series of new and increased immigration-related fees as part of a broader policy overhaul.
These changes, rooted in recent legislation and now being implemented by federal authorities, represent one of the most significant shifts in the financial penalties attached to immigration enforcement in years. They have raised concerns about the impact on migrants—especially minors and those with limited ability to pay.
What To Know
Under the OBBBA, the apprehension fee is set at a minimum of $5,000 for fiscal year 2025. The law also allows the Secretary of Homeland Security to adjust the amount over time to account for inflation.
The bill is a sweeping legislative package that introduces new enforcement powers and penalties related to immigration. It increases certain application and processing fees and allocates additional funding to ICE, along with new tools for both border and interior enforcement.
The law also introduces new charges for specific humanitarian protections, including:
- A minimum $100 non-waivable fee for asylum applications, plus an additional $100 for each year an application remains pending
- A minimum $250 fee for Special Immigrant Juvenile Status, which provides humanitarian relief for children who have been abused or neglected by one or both parents
In response, Democratic lawmakers this week introduced legislation aimed at rolling back parts of the OBBBA that affect immigrant minors. Congressman Dan Goldman (D-NY), Senator Catherine Cortez Masto (D-NV), and Congresswoman Delia Ramirez (D-IL) unveiled a bill focused on reversing measures that advocates warn could harm the safety and legal rights of unaccompanied children seeking refuge in the U.S.
The Upholding Protections for Unaccompanied Children Act would exempt minors from the new $5,000 border apprehension fee, as well as from fees connected to asylum applications, annual maintenance, and immigration court proceedings. By October, teenagers in several states had already begun receiving notices related to the apprehension fee, according to The Intercept.
“The Upholding Protections for Unaccompanied Children Act would help ensure continued access to a fair and humane path to protection for children who have already endured violence, exploitation, and trafficking,” KIND (Kids in Need of Defence) President Wendy Young said in a statement shared with Newsweek.
“The OBBBA levies unprecedented and onerous fees that will impede and even block many children’s pursuit of life-saving humanitarian protection in the United States and make children more vulnerable to traffickers and other bad actors who will exploit these fees to prey on impacted children.”
DHS said illegal crossings at the southern border have sharply declined under President Donald Trump’s hardline approach. In a recent press release, the department reported that nationwide border encounters in November totaled 30,367—slightly fewer than October’s 30,573—marking what the agency described as the lowest start to a fiscal year on record. Combined encounters for October and November reached 60,940, the lowest level for that period in any fiscal year to date and 28 percent below the previous low of 84,293 in fiscal year 2012, according to the agency.
DHS told Newsweek that it has carried out more than 600,000 deportations during Trump’s first year back in office. The department says more than two million people without legal status have left the United States in that span, including about 1.9 million who departed voluntarily and roughly 593,000 who were deported through enforcement actions. DHS also reported approximately 579,000 arrests of people without legal status since January 20.
What People Are Saying
The National Immigration Law Center said: “OBBBA weaponizes this fees system, slapping exorbitant fees on humanitarian protection and immigration processing forms that will be unaffordable for many. Some of these fees are entirely new; others mark a dramatic increase from current levels. The fees are listed as minimums, meaning DHS and the immigration courts may charge much more than what is listed. Worse, the law eliminates waivers for many of these fees, meaning many will be mandatory even for people with dire humanitarian circumstances such as a life-threatening illness.”
Senator Cortez Masto said in a press release: “As members of Congress, it’s our duty to stand up for those who can’t stand up for themselves. That includes the unaccompanied children who come to the United States after escaping trafficking and abuse. It’s essential that we reverse the Republican tax law’s cruel provisions and protect these kids.”
“Once again, we have a record low number of encounters at the border and the 7th straight month of zero releases. Month after month, we are delivering results that were once thought impossible: the most secure border in history and unmatched enforcement successes,” Secretary Kristi Noem said in a press release.
CBP Commissioner Rodney Scott added in a press release: “These numbers reflect the tireless efforts of our agents and officers who are delivering results that redefine border security. We’re not slowing down. We’re setting the pace for the future.”
What Happens Next
The new $5,000 apprehension fee and related charges could face legal challenges, as advocacy groups and lawmakers continue to push back against the OBBBA’s impact on migrants—particularly children and other vulnerable populations.
