Title VII – Judiciary

 

The CBO estimates provisions in this title will increase federal spending by $73.46 billion. It will also generate $66.55 billion in new revenue. The net effect is projected to be an increase in federal deficits of $6.91 billion from FY25-34, with fee revenue outpaced by lower payroll and income tax receipts as a result of the policy changes.

 

(Please note the fees below would generally be indexed to the Consumer Price Index in years after FY25).

 

 

Subtitle A – Immigration Matters

 

SEC. 70002. ASYLUM FEE

• Adds at least a $1000 fee for individuals applying for asylum in the US during FY25.
• 50% of fees to be deposited into the Executive Office for Immigration Review or U.S. Citizenship and Immigration Services/Immigration Examinations Fee Account, with remainder flowing to US Treasury, without an appropriation from Congress.

 

SEC. 70003. EMPLOYMENT AUTHORIZATION DOCUMENT FEES

• Establishes a minimum employment application fee of at least $550 in FY25 for individuals seeking asylum, those who were paroled into the US, or those with temporary protected status. Each application would be valid for no longer than six months.
• Portion of fees to be used by US Citizenship and Immigration Services to “detect and prevent immigration benefit fraud.”

 

SEC. 70004. PAROLE FEE

• Establishes a minimum $1000 fee in FY25 for individuals paroled into the US unless they meet certain conditions, such as having a life threatening medical condition that cannot be treated in another country or there is insufficient time to obtain a visa. Special considerations would exist for Cuban nationals as well.

 

SEC. 70005. SPECIAL IMMIGRANT JUVENILE FEE

• Minimum $500 fee in FY25 for special immigrant juvenile status if reunification with one parent is viable, notwithstanding abuse, neglect, abandonment or other similar reason.

 

SEC. 70006. TEMPORARY PROTECTED STATUS FEE

• Minimum $500 fee in FY25 for temporary protected status application.

 

SEC. 70007. UNACCOMPANIED ALIEN CHILD SPONSOR FEE

• Minimum $3,500 fee in FY25 to be paid by sponsor of the child.

 

SEC. 70008. VISA INTEGRITY FEE

• Upon receiving a non-immigrant visa, a minimum $250 fee shall be paid.

 

SEC. 70009. FORM I–94 FEE

• Minimum $24 fee for an individual’s application for a Form I–94 Arrival/Departure Record.

 

SEC. 70010. YEARLY ASYLUM FEE

• Minimum $100 annual fee for individuals awaiting asylum decisions.

 

SEC. 70011. FEE FOR CONTINUANCES GRANTED IN IMMIGRATION COURT PROCEEDINGS

• Minimum $100 fee for Court-issued continuances of immigration cases, if requested by the individual.

 

Sec. 70012. Fee relating to renewal and extension of employment authorization for parolees

• Minimum $550 fee

 

Sec. 70013. Fee relating to termination, renewal, and extension of employment authorization for asylum applicants

• Minimum $550 fee, valid for up to six-month periods

 

Sec. 70014. Fee relating to renewal and extension of employment authorization for aliens granted temporary protected status

• Minimum $550 fee, valid for up to six-month periods

 

Sec. 70015. Diversity immigrant visa fees

• Minimum $500 fee for filing an application and minimum $250 registration fee

 

Sec. 70016. EOIR fees

• Minimum $1500 fee for lawful permanent resident status request, minimum $1050 fee for application for waiver of grounds of inadmissibility, minimum $500 fee for application for protected temporary status, minimum $900 fee to file a court appeal (except bond challenges) or decision by Dept of Homeland Security (DHS) officer, minimum $1325 fee imposed on a “practitioner who files an appeal from a decision of an adjudicating official in a practitioner disciplinary case,” minimum $900 fee for motion to reconsider or reopen case (exceptions for certain deportation and other orders), minimum $600 fee for application to suspend deportation or cancel removal for permanent residents, and minimum $1500 fee to suspend removal of certain nonpermanent residents

 

Sec. 70017. ESTA fee

• Provided more specific fees for DHS electronic system for travel authorization, with not more than $20 million in annual fees directed to Travel Promotion Fund and rest directed to US Treasury, extends fee authorization through 2034

 

Sec. 70018. Immigration user fees

• Increase in fee from $7 to minimum of $10 for immigration checks at US ports of entry

 

Sec. 70019. EVUS fee

• Minimum $30 fee for Electronic Visa Update System

 

Sec. 70020. Fee for sponsor of unaccompanied alien child who fails to appear in immigration court

• Minimum $5000 fee to be paid before child can be released to sponsor, and provides for reimbursement under certain circumstances

 

Sec. 70021. Fee for aliens ordered removed in absentia

• Minimum $5000 fee for individuals ordered removed in absentia and arrested by US Immigration and Customs Enforcement (ICE) (unless order was rescinded)

 

Sec. 70022. Customs and Border Protection inadmissible alien apprehension fee

• Minimum $5000 fee if individual is apprehended between US ports of entry

 

Sec. 70023. Amendment to authority to apply for asylum

• Requires the Attorney General to collect asylum application fees, whereas current law states the Attorney General MAY collect asylum application fees. Removes provision on maximum fees and inserts a clause stating Attorney General may instate additional adjudication and naturalization fees.

 

PART 2—USE OF FUNDS

 

(Please note most funding provided below is for FY25 to be expended through FY29)

 

Sec. 70100. Executive Office for Immigration Review

• Provides $1.25 billion to be spent by Sept 30, 2029, for immigration judges, their staff and expanding courtroom capacity and infrastructure

 

Sec. 70101. Adult alien detention capacity and family residential centers

• $45 billion for ICE in FY25 to be available through Sept 30, 2029, for “family residential center capacity and single adult alien detention capacity,” regardless of whether the facility is licensed by the State or political subdivision where it is located. Detention capacity for single adults shall be determined unilaterally by DHS.

 

Sec. 70102. Retention and signing bonuses for U.S. Immigration and Customs Enforcement personnel

• $858 million in FY25 for ICE retention and signing bonuses for staff and attorneys, to remain available until Sept. 30, 2029

 

Sec. 70103. Hiring of additional U.S. Immigration and Customs Enforcement personnel

• $8 billion in FY25 to hire ICE staff, to remain available through Sept 30, 2029

 

Sec. 70104. U.S. Immigration and Customs Enforcement hiring capability

• $600 million in FY25 for immigration enforcement recruiting and hiring, to remain available through Sept 30, 2029

 

Sec. 70105. Transportation and removal operations

• $14.4 billion for transfer and removal, and “for ensuring the departure of aliens,” through ICE

 

Sec. 70106. Information technology investments

• $700 million in FY25 for technology to facilitate removals and fine and penalty tracking, available through Sept 30, 2029

 

Sec. 70107. Facilities upgrades

• $550 million in FY25 for ICE facilities, available through Sept 30, 2029

 

Sec. 70108. Fleet modernization

• $250 million in FY25 for ICE fleet vehicles, available through Sept 30, 2029

 

Sec. 70109. Promoting family unity

• $20 million to detain parents and children if a parent has only a misdemeanor and the child is under 18

 

Sec. 70110. Funding section 287(g) of the Immigration and Nationality Act

• $650 million for facilitating and implementing agreements with States or political subdivisions for immigration enforcement

 

Sec. 70111. Compensation for incarceration of criminal aliens

• $950 million to compensate States or political subdivisions for incarcerating certain individuals convicted of a felony or two or more misdemeanors who did not undergo inspection by DHS, had immigration status change or other criteria. Funds cannot be used for states and political subdivisions who fail to comply with directives such as interfering with officials inquiring about individual’s immigration status.

 

Sec. 70112. Office of the Principal Legal Advisor

• $1.32 billion for legal staff hiring within DHS for removal proceedings

 

Sec. 70113. Return of aliens arriving from contiguous territory

• $500 million

 

Sec. 70114. State and local participation in homeland security efforts

• $787 million for state and local participation in enforcement of drug smuggling and trafficking laws

 

Sec. 70115. Unaccompanied alien children capacity

• $3 billion for Office of Refugee Resettlement for unaccompanied children housing, transport and supervision

 

Sec. 70116. Department of Homeland Security checks for unaccompanied alien children

• $20 million for Customs and Border Protection to “conduct an examination of such unaccompanied alien child [more than 12 years old] for gang-related tattoos and other gang-related markings.”

 

Sec. 70117. Department of Health and Human Services checks for unaccompanied alien children

• $20 million for determining whether children age 12 or more pose “a danger to self or others by conducting an examination of the unaccompanied alien child for gang-related tattoos and other gang-related markings.”

 

Sec. 70118. Information about sponsors and adult residents of sponsor households

• $50 million for background and criminal records checks in addition to other information of sponsors and adults in household

 

Sec. 70119. Repatriation of unaccompanied alien children

• $100 million to remove unaccompanied children from the US border if officials determine the child is inadmissible, among other conditions

 

Sec. 70120. United States Secret Service

• $1.17 billion for personnel, training facilities and technology

 

Sec. 70121. Combating drug trafficking and illegal drug use

• $500 million

 

Sec. 70122. Investigating and prosecuting immigration related matters

• $600 million for Dept of Justice to prosecute immigration cases, crime, child trafficking and other cases

 

Sec. 70123. Expedited removal for criminal aliens

• $75 million, regardless of how long individual has resided in the US

 

Sec. 70124. Removal of certain criminal aliens without further hearing

• $25 million to address situations in which an individual is deemed inadmissible upon arrival

 

Subtitle B—Regulatory Matters

 

Sec. 70200. Review of agency rulemaking

• $10 million for Office of Management and Budget and $10 million for the Comptroller/Government Accountability Office to review additional reporting from agencies on budgetary effects and indirect costs and other requirements from issuance of federal rulemakings, in addition to requirement that federal agency rulemakings that increase revenue must be paired with a joint resolution of approval from Congress. Other changes to federal rulemakings as well, including reviews every four years of 20% of federal agency rules.

 

Subtitle C—Other Matters

Sec. 70300. Limitation on donations made pursuant to settlement agreements to which the United States is a party

• “An official within the Department of Justice may not enter into or enforce any settlement agreement on behalf of the United States directing or providing for a payment to any person or entity other than the United States, other than a payment that provides restitution for or otherwise directly remedies actual harm (including to the environment) directly and proximately caused by the party making the payment, or constitutes payment for services rendered in connection with the case.” Section applies to a civil action or a pending civil action.

Sec. 70301. Solicitation of orders defined

• Limits taxation by states in interstate commerce

Sec. 70302. Restriction on enforcement

• States that if no security was given when an injunction or order was put into place, that courts cannot enforce a contempt citation for a temporary restraining order or injunction