ASAP v. USCIS: Annual Asylum Fees

“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

February 2, 2026 Update:

USCIS and immigration courts can charge the annual asylum fee again. On February 2, 2026, the judge ended the previous pause of the annual asylum fee. 

If you receive a notice or order requiring payment of the annual asylum fee, pay it by the deadline if you can. You can read our fee updates page to learn how to know if your annual asylum fee is due and how to pay the fee.

ASAP is continuing to fight this fee in court, and you can read more about the lawsuit below.

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 an 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, the government responded to ASAP members’ lawsuit. A few days later, the government created a payment mechanism for the immigration court asylum fee for the first time. The government has also stated that they will send written notice to asylum applicants to tell them before their fee is due. 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. However, on February 2, 2026, the judge ended this pause. Now, both USCIS and EOIR can charge the annual asylum fee again. 

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. 

• January 12, 2026: After reports that some immigration judges were starting to require the annual asylum fee, ASAP filed an Emergency Motion to Clarify the Stay. The judge ordered the government to respond to ASAP’s motion the same day, and the government filed a response. ASAP then filed a reply.

• January 13, 2026: The judge denied ASAP’s Emergency Motion to Clarify the Stay, noting that ASAP could instead file an amended complaint to challenge the government’s new actions.

• January 16, 2026: The government filed a Motion to Lift the Stay. 

• January 17, 2026: ASAP filed an amended complaint, challenging the government’s new actions. ASAP also filed a new Motion for a Preliminary Injunction and opposed the government’s Motion to Lift the Stay.  

• January 28, 2026: An in-person hearing was held in the U.S. District Court in Baltimore, Maryland.

• February 2, 2026: The judge granted the government’s Motion to Lift the Stay and denied ASAP’s Motion for a Preliminary Injunction. Both USCIS and EOIR are now allowed to charge the annual asylum fee again.

Selected Documents: 

Below is a selection of documents from the lawsuit. You can find all filings related to this lawsuit here.

• ASAP Complaint (October 3)

• ASAP Motion for a Preliminary Injunction (October 7)

• ASAP Press Release (October 7)

• ASAP Reply in Support of the Motion for a Preliminary Injunction (October 23)

• Hearing Transcript (October 28)

• Order granting in part and denying in part ASAP’s Motion for a Preliminary Injunction (October 30)

• ASAP Press Release (October 31)

• ASAP Emergency Motion to Clarify the Stay (January 12)

• Order denying Emergency Motion to Clarify the Stay (January 13)

• ASAP Amended Complaint (January 17)

• ASAP Motion for Preliminary Injunction (January 17)

• Order granting the government’s Motion to Lift the Stay and denying ASAP’s Motion for a Preliminary Injunction (February 2)