This part charges $5,000 to someone ordered removed while absent who is later arrested. It is called partial payback for the arrest cost. A rescinded order is let off. Half goes to immigration enforcement.
The document says “shall”Who acts: Secretary of Homeland SecurityHow: statuteSec. 100016 in the PDF
What the document says
“the Secretary of Homeland Security, except as provided in subsection (c), shall require the payment of a fee, equal to the amount specified in subsection (b) on any alien who--”
The section requires the Secretary, as partial reimbursement for the cost of the arrest, to charge a fee to an alien ordered removed in absentia under section 240(b)(5) of the Immigration and Nationality Act who is later arrested by U.S. Immigration and Customs Enforcement. For fiscal year 2025 the amount is the greater of $5,000 or what the Secretary sets by rule, rising each year with the price index, rounded to the next lowest multiple of $10.
What the document actually says
“the Secretary of Homeland Security, except as provided in subsection (c), shall require the payment of a fee, equal to the amount specified in subsection (b) on any alien who--”
That sentence, in plain words
The agency must charge a fee. One case is let off. The two tests that follow say who pays.
What this is about
The person was ordered out while absent. They were later arrested. The fee starts at $5,000.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall not”Who acts: Secretary of Homeland SecurityHow: statuteSec. 100016 in the PDF
What the document says
“The fee described in this section shall not apply to any alien who was ordered removed in absentia if such order was rescinded pursuant to section 240(b)(5)(C) (8 U.S.C. 1229a(b)(5)(C)).”
The section lets off an alien whose in absentia removal order was rescinded under section 240(b)(5)(C) of the Immigration and Nationality Act. Half the fees are credited to U.S. Immigration and Customs Enforcement, deposited into the Detention and Removal Office Fee Account and kept and spent without further appropriation, with the rest going into the general fund of the Treasury. The fee may not be waived or reduced.
What the document actually says
“The fee described in this section shall not apply to any alien who was ordered removed in absentia if such order was rescinded pursuant to section 240(b)(5)(C) (8 U.S.C. 1229a(b)(5)(C)).”
That sentence, in plain words
The fee does not reach one group. Their removal order was taken back. An older rule says how that is done.
What this is about
Half the money goes to immigration enforcement. It sits in a named fee account. The rest goes to the Treasury.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
Each distinct thing the section does: charge the fee on the two conditions, set the amount and the yearly rise, except a rescinded order, split the proceeds, and bar any waiver.
Nothing in the section is left out. It has five subsections and each is recorded.
The section points to section 240(b)(5) of the Immigration and Nationality Act, which is not indexed here.
