A $5,000 'Apprehension Fee': Inside Trump Administration's New Rule Targeting Illegal Immigrants

Last Updated:December 08, 2025, 11:43 IST

Non-payment of the $5,000 apprehension fee becomes a debt owed to the US government, blocking future legal entry or immigration benefits.

US Border Patrol commander Greg Bovino looks at a detainee sitting in a car, after Donald Trump launched an immigration crackdown in Louisiana, US. (REUTERS)

The Trump administration has begun imposing a $5,000 “apprehension fee" on people aged 14 and older who are arrested after entering the United States without authorisation. Backed by the ‘One Big Beautiful Bill’ Act and paired with separate daily fines and voluntary departure incentives, the new policy reshapes how illegal entry is penalised across the country.

What The $5,000 ‘Apprehension Fee’ Does

The central change is straightforward: anyone aged 14 or above who entered the United States without inspection and is arrested and found inadmissible must now pay a $5,000 charge the moment they are detained. The requirement applies at the time of arrest, not after an immigration hearing or final order.

The measure draws authority from 8 USC 1815, which mandates an apprehension fee for individuals who entered without inspection. Other statutory provisions, such as 8 USC 2339 and 1324, may apply depending on the specifics of a case, but the new requirement places an immediate financial obligation on the person apprehended.

This structure marks a departure from earlier practice. Previously, civil fines were issued only after a 30-day notice period. Under the revised policy, the $5,000 charge is imposed immediately when the person is taken into custody.

The Department of Homeland Security said in a statement late on Friday that the fee was implemented in September.

Who Must Pay The Fee, And Where Does It Apply?

The rule applies nationwide, and its scope is deliberately broad. It covers anyone:

It does not matter where the person crossed, how long they have lived in the United States, whether they have an active immigration case, or where they are arrested.

US Border Patrol Chief Michael W. Banks underscored the breadth of the policy. In a post on X, he said: “This message applies to all illegal aliens—regardless of where they entered, how long they’ve been in the U.S., their current location, or any ongoing immigration proceedings."

The fee is triggered when the person is apprehended, meaning it applies equally to recent entrants and to those who have lived in the country for years but are later arrested during an interior enforcement operation.

How This Interacts With Existing Penalties

The apprehension fee is one element of a larger enforcement framework that includes fines for undocumented presence.

A separate daily fine of up to $1,000 has been in effect since September for individuals living unlawfully in the country. Earlier in the year, people with deportation orders who had not departed were told that they would face penalties of nearly $1,000 a day. The $5,000 arrest fee comes on top of these existing charges.

The administration has said that processing, detaining and deporting an undocumented immigrant costs about $17,000. By combining fixed charges and daily penalties, it argues that the revised structure reduces the overall financial burden on the system while increasing compliance.

Consequences For Those Who Cannot Pay

Failure or inability to pay the fee does not make the obligation disappear. Officials have said that an unpaid apprehension fee becomes a ‘debt owed to the US government’, which could later block lawful entry or future immigration benefits.

For migrants, this means the financial penalty can affect not only the present enforcement process but also future attempts to enter the country through legal channels. The fee remains attached to the person even after they have been removed or have departed voluntarily.

Why The Administration Has Introduced This Measure

The $5,000 fee forms part of a larger immigration package introduced under the One Big Beautiful Bill Act. Alongside the fee, the administration has taken a series of steps to expand enforcement capacity.

It has deployed additional personnel to the southern border, ended the earlier “catch-and-release" approach, and replaced it with mandatory detention or removal. The shift is intended to reduce the number of people released into the United States while their immigration cases proceed.

Yet enforcement is no longer confined to areas near the border. According to a Bloomberg report, it has also moved into interior cities far from the border. Border Patrol agents have carried out arrests in locations such as parking lots, car washes and other areas where undocumented migrants are believed to gather. Cities including Los Angeles and Chicago have seen agents operating in these spaces, and some operations have led to confrontations with protesters. Multiple lawsuits have been filed challenging the use of force and arrests conducted without warrants.

The data from Bloomberg shows that arrests along the Mexican border have fallen sharply. Monthly arrests have dropped to levels not seen since the 1960s, with around 7,300 arrests recorded in November. These figures accompany the expansion of enforcement beyond the border itself.

New Incentives For People To Leave The Country Voluntarily

In addition to financial penalties, the US administration has introduced schemes aimed at encouraging voluntary departure.

A recent programme described as a “holiday deal of a lifetime" offers:

These incentives run alongside separate self-deportation efforts, including the use of the Customs and Border Protection Home app, which allows individuals to check out of the country and receive $1,000 for leaving on their own.

Officials say more than two million illegal immigrants have left the United States this year. This includes 1.6 million who self-deported, 515,000 who were formally deported and 485,000 arrests recorded during the same period. Together, the fees, fines and incentive programmes form a three-part structure designed to reduce the number of people living unlawfully in the country and speed up removals.

Why The Policy Is Controversial

Immigration advocates have criticised the measure as punitive and harmful for low-income families. Concerns include the impact on minors as young as 14, the immediate imposition of the fee at arrest and the risk that debts could trap individuals in long-term ineligibility for legal entry.

There are also questions about whether the approach aligns with due-process protections. The combination of immediate penalties, expanded interior enforcement and potential long-term consequences for non-payment has raised fears of disproportionate pressure on vulnerable groups.

A Cleveland-based immigration attorney, David Leopold, said the apprehension fee is likely to be challenged in court. “It’s one more coercive tactic," he told Bloomberg.

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