EOIR Rescinds Annual Asylum Fee Policy

On January 2, 2026, the Executive Office for Immigration Review (EOIR) issued a new policy memorandum rescinding and cancelling Policy Memorandum 25-36, which addressed implementation of the Annual Asylum Fee (AAF). The new EOIR memorandum provides important clarifications regarding when the AAF applies, when it is waived, and how payment may be enforced in immigration court proceedings.

EOIR formally rescinded Policy Memorandum, signaling a shift away from its prior guidance on the Annual Asylum Fee. The rescission reflects EOIR’s response to legal uncertainty created by the ongoing ASAP v. USCIS litigation and aims to clarify procedural safeguards for asylum applicants appearing before Immigration Judges (IJs).

Under the new EOIR policy, the Annual Asylum Fee will be waived for asylum applications that meet all the following criteria:

• The asylum application was pending for one year or more at any point between July 5, 2025, and September 30, 2025; and

• The case was administratively final as of September 30, 2025.

Applicants whose cases fall within this narrow window will not be subject to the AAF.

The policy clarifies that the AAF applies only to asylum applications that have been pending for one year or more as of October 1, 2025. Importantly, EOIR emphasizes that the mere passage of time does not automatically trigger a payment obligation.

EOIR makes clear that asylum applicants are not required to pay the AAF unless and until an Immigration Judge issues a written order that:

• Sets a payment deadline,

• Provides instructions for payment, and

• Explains the consequences of nonpayment.

EOIR further states that it lacks authority to require Immigration Judges to impose a specific payment deadline, leaving the timing to each IJ’s discretion.

Additionally, Immigration Judges should not issue oral notices or oral orders regarding the AAF. The payment obligation must be communicated exclusively through a written order.

If an asylum application is denied due to failure to pay the AAF, EOIR clarifies that applicants may challenge the decision through traditional immigration procedures, including:

• A motion to reopen or motion to reconsider,

• An appeal to the Board of Immigration Appeals (BIA), or

• A petition for review in federal court.