8 U.S.C. § 1814 — Fee for aliens ordered removed in absentia

(a) In general. As partial reimbursement for the cost of arresting an alien covered by this section, the Secretary of Homeland Security must require that alien to pay the amount in subsection (b), unless subsection (c) applies. The fee applies when the alien: (1) was ordered removed in absentia under section 1229a(b)(5) of this title; and (2) was later arrested by U.S. Immigration and Customs Enforcement.

(b) Amount specified. (1) Initial amount. For fiscal year 2025, the amount is the greater of: (A) $5,000; or (B) an amount the Secretary of Homeland Security sets by rule. (2) Annual adjustments for inflation. In fiscal year 2026 and each later fiscal year, calculate the amount by adding: (A) the fee required for the most recently completed fiscal year; and (B) that amount multiplied by the percentage, if any, by which the Consumer Price Index for All Urban Consumers for the July before the adjustment takes effect is higher than the index for the same month of the preceding calendar year. Round the result down to the next multiple of $10.

(c) Exception. The fee does not apply to an alien ordered removed in absentia if the order was rescinded under section 1229a(b)(5)(C) of this title.

(d) Disposition of removal in absentia fees. During each fiscal year: (1) 50 percent of fees collected under this section: (A) must be credited to U.S. Immigration and Customs Enforcement; (B) must be deposited in the Detention and Removal Office Fee Account; and (C) may be kept and spent by U.S. Immigration and Customs Enforcement without another appropriation; and (2) all collected amounts not credited to U.S. Immigration and Customs Enforcement under paragraph (1) must be deposited in the Treasury's general fund.

(e) No fee waiver. A fee required by this section may not be waived or reduced.