On March 30th, the Harvard Immigration and Refugee Clinical Program (HIRC) submitted comments opposing the proposed rule of the Executive Office for Immigration Review (EOIR) that would increase filing fees charged for certain EOIR forms. HIRC argues that these fee increases are excessive and unjust, and could ultimately deny many immigrants access to justice.
In the comments, HIRC highlights the drastic nature of the proposed fee increases. For example, the proposed rule would raise the fee for filing a Board of Immigration Appeals (BIA) appeal from a decision of an immigration judge from $110 to $975 and increase the fee for filing a motion to reconsider or reopen with the BIA from $110 to $895. While fee waivers would be possible, they would require additional paperwork and could still be denied, as the waivers are discretionary.
HIRC also argues that the proposed rule would violate noncitizens’ right to due process. Since the fees would be so high, many applicants would be denied equal access to justice because of their financial status.
You can read the full comments here.