Policy alert: Federal court temporarily blocks annual asylum fee

12 November 2025

This year, Congress passed new fees related to asylum applications; these include a $100 fee for filing an initial asylum application and a new $100 annual asylum fee (AAF) that asylum seekers must pay for having a pending application. 

In response to a lawsuit by ASAP against USCIS, a federal judge ordered a nationwide temporary pause on the AAF on October 30, 2025, noting that “inconsistent policies” had the potential to cause “irreparable harm,”  putting survivors’ lives at grave risk.

While the AAF may soon be required for applications pending more than one year, this is a critical, immediate victory for survivors of domestic and sexual violence seeking asylum.

What does this mean for survivors right now?

  •  The $100 fee for an initial asylum application remains in effect; however, NO ONE has to pay the AAF at this time. This pause applies to all asylum seekers, whether their case is with USCIS or EOIR. 
  • Cases are protected from penalties: The government is blocked from denying asylum applications or issuing removal (deportation) orders based on a failure to pay this fee while the pause is in effect.

Why is this so important for our community?

This fee represents a dangerous financial barrier, especially for survivors. Many survivors of domestic and sexual violence are also fleeing economic abuse, leaving them with limited or no financial resources. Any new fee forces survivors into an unconscionable position: choose between paying for their legal case or providing for their families’ basic needs.

Tips for advocates and survivors:

  • While Asylum Applicants must pay the $100 initial asylum fee; DO NOT PAY the $100 Annual Asylum Fee at this time.
  • Share this information: Please share this good news with survivors and other advocates. It is critical that la comunidad knows their rights and that this asylum fee is paused.
  • If a survivor already paid the AAF: The court did not order refunds. Advise them to save their receipt (especially the “Payment Tracking ID”) and contact their legal service provider immediately.
  • Be aware in court: If an Immigration Judge (who may not be aware of the order) asks for the fee, advise the survivor to immediately speak to their lawyer before paying or agreeing to anything.

This victory is temporary. The advocacy continues.

This is a pause, not a permanent cancellation.

The judge did not strike down the AAF itself. Instead, the court found that its implementation was “arbitrary and capricious” due to the chaos and confusion it created.

The judge said she may allow the government to charge the AAF again if it creates a single, “uniform policy.” We must stay vigilant and ready to mobilize again. 

Learn how to check your USCIS fee status, respond to a notice, and follow payment instructions. If the pause ends, we’ll update this link immediately with the latest information.

¡Seguimos en la lucha!