The Trump administration is adding a new weapon to its immigration arsenal: a $5,000 “apprehension tax” imposed on migrants without legal status arrested after irregular entry.
The measure, revealed by Texas media outlet Fort Worth LLC, is presented by the White House as one of the pillars of the One Big Beautiful Bill Act (OBBBA) passed this year by the Republican Congress.
According to Michael Banks, chief of the U.S. Border Patrol, this sum must be paid by anyone aged 14 or older apprehended after crossing the border outside official entry points.
In a message posted on X, cited by Fort Worth LLC, Banks summarized the scope of the measure: “This message is for all undocumented aliens—regardless of where they entered, how long they have been in the United States, where they currently reside, or what immigration proceedings they are in.”
An Omnibus Law That Transforms Asylum and Humanitarian Protection Fees
The OBBBA is not limited to this new tax. The legislation, described as a major overhaul of the financial penalty system, thoroughly revises the fee regime imposed on migrants and protection seekers.
According to the legislative summary cited by Fort Worth LLC, the law notably provides for a minimum tax of $5,000 per person apprehended for irregular entry, for fiscal year 2025, adjustable by the Secretary of Homeland Security based on inflation; a non-refundable fee of at least $100 for any asylum application, plus an additional $100 for each year the application remains pending; a minimum amount of $250 for an application for Special Immigrant Juvenile Status, a status for minors who have suffered violence, neglect, or abuse from a parent.
These amounts are in addition to broader increases affecting case processing services, immigration court operations, and funding for ICE and Border Patrol. The fee provisions are at the heart of criticism from migrant rights advocates, who see them as an economic filter targeting the most vulnerable.
Unaccompanied Minors at the Center of a Political Showdown in Congress
The issue of unaccompanied migrant children has become the main battleground around this law. Democratic lawmakers have introduced legislation to neutralize, at least partially, the OBBBA’s effects on minors.
Representative Dan Goldman (New York), Senator Catherine Cortez Masto (Nevada), and Representative Delia Ramirez (Illinois) have presented the Upholding Protections for Unaccompanied Children Act, targeted legislation aimed at exempting children from the $5,000 apprehension tax, asylum application fees, annual file maintenance fees, and certain fees related to immigration court hearings.
According to The Intercept, teenagers in several states have already received notices referencing this new tax, which has accelerated the Democratic camp’s legislative response.
In a statement relayed by Newsweek, Wendy Young, president of the organization Kids in Need of Defence (KIND), emphasized the humanitarian stakes:
“The Upholding Protections for Unaccompanied Children Act would help maintain a fair and humane pathway to protection for children who have already suffered violence, exploitation, and trafficking.”
She also warned against the effects of the OBBBA:
“This law imposes unprecedented and crushing fees that will hinder, or even prevent, many children in the United States from seeking vital protections, and will make these children more vulnerable to traffickers and other malicious actors who will exploit these fees to target them.”
In a press release, Catherine Cortez Masto justified this legislative counteroffensive in moral terms:
“As members of Congress, we have a duty to defend those who cannot defend themselves. This includes unaccompanied children who arrive in the United States after escaping trafficking and abuse. It is essential to repeal the cruel provisions of the Republican tax law and protect these children.”
DHS Claims “Historic Results” at the Border
As the new tax is being rolled out, the Department of Homeland Security (DHS) is issuing multiple statements highlighting the effectiveness of President Trump’s immigration policy.
In a recent assessment cited by Fort Worth LLC, DHS claims that apprehensions at the southern border have sharply declined: 30,573 in October and 30,367 in November, totaling 60,940 for the first two months of the fiscal year. The department presents these figures as the lowest level ever recorded at the start of a fiscal year, 28% below the previous record set in 2012.
DHS also claims more than 600,000 deportations during the first year of Donald Trump’s return to power. According to the figures released, approximately 1.9 million people without legal status have left the territory voluntarily, nearly 593,000 have been deported through coercive actions, and authorities also cite approximately 579,000 arrests since January 20.
In an official statement, Homeland Security Secretary Kristi Noem celebrates this trend:
“Once again, we are recording historically low border encounters and a seventh consecutive month with zero releases. Month after month, we are producing results once thought impossible: the safest border in history and unparalleled law enforcement successes.”
Customs and Border Protection Commissioner Rodney Scott echoes similar sentiments:
“These numbers reflect the tireless efforts of our agents and officers, who are delivering results redefining border security. We are not slowing down. We are setting the pace for the future.”
Rights Advocates Denounce a System of “Weaponized Fees”
Faced with this regulatory and financial offensive, migrant defense organizations paint an alarming picture.
The National Immigration Law Center (NILC), cited by Fort Worth LLC, believes the OBBBA transforms the fee system into a tool of repression:
“The OBBBA weaponizes the fee system by placing exorbitant amounts on humanitarian protections and immigration procedure forms, which will be unaffordable for many. Some of these fees are entirely new; others represent a dramatic increase over current levels. The amounts mentioned are minimums, meaning DHS and immigration courts can charge far more than indicated. Worse still, the law eliminates waivers for many of these fees, making them mandatory even for people in critical humanitarian situations, such as life-threatening illness.”
For these organizations, the new $5,000 tax on apprehended individuals, combined with asylum and other procedure fees, risks pushing entire families into debt, deterring victims of violence from seeking protection, and encouraging reliance on smuggling or exploitation networks.
Toward a Legal Battle Over the “Apprehension Tax”
Legal experts, NGOs, and opposition lawmakers expect the new tax to be quickly challenged in federal courts. Arguments could address both the proportionality of the financial penalty and the impact on access to asylum and protections provided under American and international law.
Pending possible court injunctions, the OBBBA law remains in effect, and the $5,000 “apprehension tax” is now an integral part of President Donald Trump’s immigration policy.
For thousands of migrants, including teenagers already caught in complex procedures, each border arrest now risks resulting not only in loss of liberty but also in a heavy bill to bear—sometimes for a lifetime.
