Justice Department Corrects Notice on Immigration Appeal Form Fees After Recent Law Change

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The Department of Justice (DOJ) has released a correction regarding the collection of information for the Notice of Appeal From a Decision of an Immigration Judge, Form EOIR-26.

The correction was published in the Federal Register on July 23, 2025, by the Executive Office for Immigration Review (EOIR). The update relates to an earlier notice that appeared in the Federal Register on July 1, 2025.

This correction adds one more change to the information collection process. EOIR will submit the updated collection request to the Office of Management and Budget (OMB) for approval. This follows rules found in the Paperwork Reduction Act of 1995.

The comment period for this proposed change is still open until September 2, 2025.

Anyone needing more information or wishing to comment on the public burden, response time, or methods related to this collection, can contact Justine Fuga, Associate General Counsel, at the EOIR. Contact details are:

  • Address: 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041
  • Telephone: (703) 305-0265
  • Email: [Contact information provided in the original source]

The correction makes the instructions for how to file Form EOIR-26, both by mail and electronically, more clear. It also updates information about new filing fees. These fee changes are the result of the One Big Beautiful Bill Act (OBBBA), H.R. 1, which became law on July 4, 2025.

The corrected estimated annual cost is $12,747,978 for the public.

According to EOIR estimates:

  • 12,487 responses each year come from applicants who have to pay a filing fee.
  • 647 responses come from Department of Homeland Security Immigration and Customs Enforcement (DHS ICE) employees, who are not required to pay a filing fee.

The cost per response is as follows:

  • For regular applicants: $0.80 for printing, $10.10 for postage, and $1,010 for the filing fee. The total per response is $1,020.90.
  • For DHS ICE: $0.80 for printing, $10.10 for postage, and no filing fee. The total per response is $10.90.

Total annual costs are calculated as follows:

  • $1,020.90 multiplied by 12,487 responses equals $12,747,978 for applicants required to pay.
  • $10.90 multiplied by 647 responses equals $7,052 for DHS ICE.

The correction is signed by Darwin Arceo, Department Clearance Officer for PRA, DOJ.

This update ensures the information collection aligns with the new law and provides clarity on costs and filing instructions. The public and interested parties may continue to submit comments until September 2, 2025.


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