Apprehension Fee: $5,000 Mandatory for Illegal Immigrants

In a sweeping shift to US immigration enforcement, federal authorities have begun charging a $5,000 apprehension fee to undocumented immigrants aged 14 and older at the moment they are taken into custody. The policy, authorised under former President Donald Trump’s One Big Beautiful Bill Act, marks one of the most aggressive penalties rolled out in recent years.

US Border Patrol Chief Michael Banks confirmed the move in a statement posted on X, declaring that the new rule applies to “all illegal aliens regardless of where they entered, how long they’ve been in the US, their current location, or any ongoing immigration proceedings.” His message underscored a major expansion of federal enforcement well beyond the border.

Apprehension Fee: What is the $5,000 Apprehension Fee?

The $5,000 apprehension fee is a mandatory financial penalty imposed on any undocumented individual 14 or older who is apprehended after crossing into the United States without inspection or authorisation. Unlike traditional immigration fines, this fee is applied immediately at the point of arrest—long before any immigration judge reviews the case.

Officials say the fee is grounded in 8 USC 1815, which specifically requires individuals who entered without inspection to settle the charge upon apprehension. Additional penalties under 8 USC 2339 and 8 USC 1324 may apply in certain circumstances, especially in cases involving smuggling or national security concerns.

Part of a Larger Enforcement Agenda

The fee is only one piece of Trump’s broader immigration framework. The One Big Beautiful Bill Act allocated funding for enhanced surveillance, interior enforcement operations, and an expansion of federal agents nationwide. DHS also introduced a $1,000 penalty in September, but the new $5,000 charge significantly raises the stakes for undocumented individuals currently living in the United States.

According to DHS, anyone who fails to pay the fee will automatically accumulate “a debt owed to the US government,” a financial mark that could block them from obtaining lawful entry, visas, or immigration benefits in the future.

Apprehension Fee: Who Must Pay the Fee?

Under the new rules, the $5,000 apprehension fee applies to:

• Individuals aged 14 and above,

• Anyone arrested after entering without authorisation,

• Those deemed inadmissible under US immigration law,

• Regardless of their current location within the US,

• Regardless of how long they have lived in the country,

• Even if they have pending immigration cases.

The fee is nationwide, meaning interior arrests—including those far from the border—carry the same penalty.

What Happens If the Fee Isn’t Paid?

Failure to pay does not stop removal proceedings, but it does create a long-term barrier. DHS states that unpaid fees remain permanently on record and may prevent an individual from ever re-entering the country legally. The government classifies the unpaid amount as official debt, which cannot be waived simply by leaving the US.

A Crackdown Amid Record-Low Border Arrests

This policy shift arrives at a surprising moment: Border Patrol arrests have plunged to record lows. In November, the agency reported roughly 7,300 apprehensions along the southern border—the lowest monthly figure since the 1960s and slightly below October’s numbers.

To compensate, federal agents have ramped up operations across major cities including Los Angeles and Chicago, leading to arrests at car washes, Home Depot parking lots, retail lots, and public spaces. Officials say interior enforcement will continue expanding as border encounters decline.