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.

Although the statutory authority has existed for some time, DHS has only recently begun issuing these notices in significant numbers. As a result, there is still relatively little guidance regarding how they will be administered in practice or how future legal challenges may shape this area of immigration law.

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. Congress enacted this statute to authorize DHS, under certain circumstances, to assess a civil fee against individuals who entered the United States between ports of entry and who meet the statutory criteria established by the law.

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 further advises that if the assessment is not resolved, interest, penalties, administrative costs, and collection efforts may follow. Whether DHS has correctly applied the statute in any particular case is an entirely separate question. The important point is that these notices are being issued pursuant to a specific federal statute, not simply as a matter of agency policy.

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 is also not, by itself, a denial of an immigration benefit. That said, it is an official government notice and should not be ignored. The notice itself warns that unpaid assessments may be referred for collection and may be considered in connection with future immigration-related matters. Although the long-term immigration consequences of these assessments are still developing, I believe they deserve careful attention simply because of the potential financial and immigration implications.

Can You Challenge the Assessment?

Yes. One of the most important things to understand is that receiving a Notice of Fee Assessment does not necessarily mean you must simply pay the amount demanded. The notice provides recipients with an opportunity to submit a written dispute within a specified period of time. It also explains that recipients may request copies of the records relating to the alleged debt.

If you believe the assessment is incorrect—whether because the facts are inaccurate, the law was improperly applied, or you simply do not understand why the notice was issued—it is generally worthwhile to carefully review your options before making any decision. In many cases, requesting the records that DHS relied upon may be an important first step. Those records can help explain the factual basis for the government’s determination and allow you to evaluate whether the assessment is legally and factually supported.

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 limit your available options. In addition, the notice warns that unpaid assessments may accrue additional costs and may ultimately be referred for collection. Simply put, I believe it is far better to understand your rights and make an informed decision than to assume the matter will resolve itself.

What Should You Do If You Receive One?

Every case is different, but there are several practical steps that I generally recommend.

First, read the notice carefully and make note of any deadlines. Next, do not automatically assume that the government’s factual conclusions are correct. Consider requesting the records and evidence upon which DHS relied when issuing the assessment, and gather any documents relating to your own immigration history that may be relevant. Finally, before deciding whether to pay the assessment, dispute it, or pursue another course of action, consult with an experienced immigration attorney who can evaluate your individual circumstances.

Because DHS has only recently begun issuing these notices, there are still many unanswered legal questions. We do not yet know how disputes will be evaluated, whether the agency’s procedures will evolve, or how the federal courts may ultimately interpret various aspects of this statute. I expect additional guidance—and likely additional litigation—as this area of the law continues to develop.

Final Thoughts

Receiving a DHS Notice of Fee Assessment under 8 U.S.C. § 1815 can be unsettling, particularly when it demands payment of more than five thousand dollars. Fortunately, receiving the notice does not necessarily mean that the government’s 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 any applicable deadlines, and obtain legal advice before deciding how to respond. The law surrounding these assessments is still developing, and the appropriate response will often depend upon the specific facts of your immigration history.

As additional guidance, administrative decisions, and court opinions become available, I will continue to monitor this issue and update this article accordingly.

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 with you. 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 any 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.