8 U.S.C. § 1815 — Inadmissible alien apprehension fee

(a) In general. In addition to any other fee authorized by law, the Secretary of Homeland Security must require an inadmissible alien to pay the amount in subsection (b) when the alien is apprehended between ports of entry.

(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) Disposition of inadmissible alien apprehension 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.

(d) Disposition of inadmissible alien apprehension fees. All fees collected under this section must be deposited in the Treasury's general fund.