What Is a DHS Notice of Fee Assessment Under 8 U.S.C. § 1815?
Over the past several weeks, I have begun seeing a new type of notice issued by the U.S. Department of Homeland Security (DHS) that many immigrants—and even many immigration attorneys—have never encountered before. The document is called a Notice of Fee Assessment, and it demands payment of $5,130. Not surprisingly, people who receive one are often shocked and confused. They immediately ask the same questions: What is this? Why did I receive it? Do I really have to pay it? Those are exactly the questions I hope to answer in this article.
Congress enacted 8 U.S.C. § 1815 on July 4, 2025, authorizing DHS to impose a civil fee under certain circumstances. Although the statute itself is relatively new, DHS has only recently begun issuing these notices in significant numbers. As a result, this remains a rapidly developing area of immigration law. New administrative guidance continues to emerge, and several legal challenges are already pending in the federal courts. For anyone who receives one of these notices, it is important to understand both what the government is alleging and what options may be available before deciding how to respond.
What Is a DHS Notice of Fee Assessment?
A DHS Notice of Fee Assessment is a civil notice issued by the Department of Homeland Security pursuant to 8 U.S.C. § 1815. While federal immigration law authorizes several different types of immigration-related civil monetary penalties, the notices I have recently been seeing involve this particular statute, which generally applies to individuals whom DHS alleges were apprehended after entering the United States between ports of entry after July 4, 2025, and who otherwise satisfy the statutory requirements established by Congress.
The notices currently being issued generally assess $5,130.00. According to the notice, DHS has determined that the recipient is not a United States citizen or national, was apprehended after entering the United States between ports of entry, and is inadmissible under section 212(a) of the Immigration and Nationality Act. The notice also advises that if the assessment is not resolved, additional interest, penalties, administrative costs, and collection efforts may follow.
The important point is that these notices are being issued pursuant to a federal statute enacted by Congress on July 4, 2025—not merely as an internal agency policy or discretionary enforcement initiative. Whether DHS has correctly determined that a particular individual falls within the scope of that statute, however, is an entirely separate legal question.
Is This a Removal Order?
No. A DHS Notice of Fee Assessment is not a removal order, a deportation order, or an order issued by an immigration judge. It also is not, by itself, a denial of an immigration benefit. Nevertheless, it is an official government notice that should not be ignored.
DHS has indicated that unpaid assessments may eventually become subject to government collection efforts and may continue to accrue additional interest, penalties, and administrative costs over time. Although the long-term immigration consequences of these assessments have not yet been fully defined, I believe they deserve careful attention because they may carry both financial and immigration-related implications.
Can You Challenge the Assessment?
Yes. One of the most important things to understand is that receiving a DHS Notice of Fee Assessment does not necessarily mean you are legally obligated to pay the amount demanded. The notice provides recipients with an opportunity to dispute the assessment in writing and also explains how copies of the records relating to the alleged debt may be requested.
In my view, obtaining those records is often one of the most important first steps. Before deciding whether to pay or dispute the assessment, it is helpful to understand precisely what facts DHS relied upon in reaching its conclusions. Those records frequently provide valuable insight into whether the government’s factual allegations are accurate and whether the assessment appears to be legally supported.
It is equally important to pay close attention to the response deadline. Recent versions of these notices generally provide only a relatively short period within which to submit a written dispute. Waiting several weeks before consulting an attorney may unnecessarily limit your available options. Even if you believe the assessment was issued in error, it is generally far better to preserve your rights by responding promptly than by assuming the matter will resolve itself.
Should You Simply Pay the Assessment?
Not necessarily. Every case is different, and there is no single answer that applies to everyone. Before making any decision, it is important to understand exactly what DHS is alleging and to evaluate whether the assessment appears to have been properly issued under the law.
Depending upon the circumstances, the decision whether to pay or dispute the assessment may involve considerations beyond simply resolving a financial obligation. For example, the government’s factual allegations, the individual’s immigration history, and the potential consequences of any response should all be evaluated before deciding how to proceed. For that reason, I generally recommend obtaining legal advice before making any decision.
Should You Ignore the Notice?
In my opinion, no. Even if you strongly disagree with the assessment, I generally do not recommend ignoring it. The notice establishes deadlines for disputing the assessment, and failing to respond within those time limits could significantly limit your available options. In addition, DHS advises that unpaid assessments may accrue additional costs and ultimately become subject to government collection procedures.
Simply put, I believe it is far better to understand your rights, preserve your options, and make an informed decision than to assume the matter will resolve itself.
What Should You Do If You Receive One?
If you receive a Notice of Fee Assessment, begin by reading it carefully and noting every deadline contained in the notice. Do not automatically assume that the government’s factual conclusions are correct. Instead, compare the allegations with your own immigration history and gather any documents that may be relevant.
You should also consider requesting the records and evidence upon which DHS relied when issuing the assessment. In many cases, those records provide the clearest picture of why the government believes the assessment is justified. Once that information has been reviewed, you will be in a much better position to determine whether the assessment should be paid, disputed, or addressed through another appropriate course of action.
Finally, before deciding how to respond, consult with an experienced immigration attorney who can evaluate your particular circumstances, explain the available options, and help ensure that any applicable deadlines are protected.
The Law Continues to Develop
One reason these notices have generated so much attention is that both the statute and the government’s implementation of it are relatively new. At the same time, litigation challenging various aspects of these immigration civil penalties is already pending in the federal courts. As those cases proceed, additional guidance is likely to emerge concerning DHS’s authority, the procedures governing these assessments, and the rights available to individuals who receive them.
For that reason, I expect this area of immigration law to continue evolving over the coming months. Both attorneys and immigrants should anticipate additional administrative guidance and judicial decisions that may further clarify how these assessments are issued, challenged, and ultimately enforced.
Final Thoughts
Receiving a DHS Notice of Fee Assessment under 8 U.S.C. § 1815 demanding more than $5,000 can understandably be alarming. Fortunately, receiving the notice does not necessarily mean that the government’s legal conclusions are correct or that you have no ability to challenge the assessment.
What it does mean is that you should take the notice seriously, understand exactly what DHS is alleging, preserve every applicable deadline, and obtain legal advice before deciding how to respond. Because this area of immigration law is changing rapidly, the appropriate course of action will often depend upon the specific facts of your immigration history.
As additional agency guidance and federal court decisions become available, I will continue monitoring these developments and update this article as warranted.
Schedule a Consultation
If you have received a DHS Notice of Fee Assessment under 8 U.S.C. § 1815, or have questions about how it may affect your immigration case, I would be happy to review your situation. Every case is different, and an individualized legal analysis is often the best way to determine your available options.
To schedule a consultation, please contact my office at (954) 385-3111 or visit www.hummelaw.com.
Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Immigration laws, agency policies, and court decisions change frequently, and the outcome of every case depends upon its specific facts. You should consult an attorney regarding your individual circumstances.
About the Author
Sean D. Hummel is a Florida immigration attorney based in Deerfield Beach, Florida. His practice focuses on family-based immigration, adjustment of status, consular processing, waivers of inadmissibility, naturalization and citizenship, and selected removal defense matters. He regularly writes about developments in U.S. immigration law to help individuals and families better understand the immigration process.
