Written by ASAP’s expert immigration lawyers · Updated
“While we have followed the law and done everything possible to follow the asylum process, this new fee has created confusion and put us at risk.” - ASAP Member
Breaking news: On October 30, 2025, the judge in ASAP members’ lawsuit ruled that no asylum seekers are currently required to pay the annual asylum fee. However, this pause is temporary, and if your asylum application has been pending for more than 1 year, you may be required to pay the fee soon. Read our fee updates page for up-to-date information about what the government is doing in practice.
Case Background:
On October 3, 2025, the Asylum Seeker Advocacy Project (ASAP), asked a federal judge to stop U.S. Citizenship and Immigration Services (USCIS) and the Executive Office of Immigration Review (EOIR) from dismissing or denying asylum applications based on a new requirement – an annual asylum fee. The lawsuit, ASAP v. USCIS, was filed in the District of Maryland.
In July 2025, a new law created a $100 annual asylum fee. In late September 2025, thousands of ASAP members began to express concern and confusion about the new fee. Much of their confusion arose from the fact that the government chose to apply the law retroactively – and without even making it possible for many asylum seekers to pay. Many members worried that their asylum cases could be thrown out due to the government’s chaotic process.
ASAP filed this lawsuit in response to ASAP members’ concerns.
On October 20, in response to ASAP members’ lawsuit, the government produced a statement about the annual asylum fee in immigration court. A few days later, the government created a payment mechanism for the immigration court asylum fee for the first time. These steps were a victory for ASAP members.
On October 30, the judge granted ASAP members’ Motion for a Preliminary Injunction in part, temporarily pausing the government’s implementation of the annual asylum fee!
Please find current details about how the USCIS annual asylum fee and the immigration court annual asylum fee are operating in practice. These pages are updated frequently.
Lawsuit Timeline:
October 3, 2025: ASAP members filed a lawsuit.
October 7, 2025: ASAP members filed a Motion for a Preliminary Injunction.
October 20, 2025: The government filed its Response in Opposition to ASAP’s Motion for a Preliminary Injunction.
October 23, 2025: ASAP filed a Reply in Support of the Motion for a Preliminary Injunction.
October 28, 2025: An in-person hearing was held on the Motion for a Preliminary Injunction in the U.S. District Court in Baltimore, Maryland.
October 30, 2025: The judge granted in part and denied in part ASAP’s Motion for a Preliminary Injunction. The judge temporarily stayed the USCIS Federal Register Notice and the EOIR memo implementing the annual asylum fee.
Selected Documents:
Below are a selection of documents from the lawsuit. You can find all filings related to this lawsuit here.
ASAP Reply in Support of the Motion for a Preliminary Injunction
Order granting in part and denying in part ASAP’s Motion for a Preliminary Injunction
The Asylum Seeker Advocacy Project (ASAP) aims to provide factual information about current immigration laws. This information is not legal advice.
All legal content is written and legally reviewed by ASAP’s team of expert immigration lawyers. ASAP’s expert lawyers have decades of experience in immigration law and litigation. Collectively, they have won hundreds of cases. Our lawyers are admitted to the Bar in several U.S. states, hold law degrees from universities including Harvard, Yale, and UCLA, and have won multiple awards for their legal work.