By Richard T. Herman
Quick Answer
If you filed Form I-589 for asylum and your case has been pending at least one year, you may owe the new Annual Asylum Fee (AAF) — but a federal court order has paused all billing and enforcement nationwide. According to USCIS.gov notification on November 7, 2025, both USCIS and EOIR have stopped issuing and collecting AAF notices while litigation continues.
Applicants who already paid will not receive refunds, but no new payments are required until the stay is lifted. USCIS will pause the issuance of AAF notices due to a court stay as of October 30, 2025.
Fast Facts — At a Glance
| Topic | Detail |
|---|---|
| Fee Name | Annual Asylum Fee (AAF) |
| Amount | $100 per year per I-589 application |
| Status (Nov 2025) | Temporarily stayed by federal court order |
| Who Paused It | Federal district court in ASAP v. USCIS |
| Notice Required | Yes — billing notices suspended during stay |
| Waiver Permitted? | No (law unchanged) |
| Applies To | Affirmative (USCIS) and Defensive (EOIR / BIA) asylum cases |
| Legal Authority | Public Law 119-21 (H.R. 1, 2025); Federal Register 90 Fed. Reg. 34511 |
Introduction — The Stakes
Imagine fleeing persecution and finally finding safety — only to be told that your asylum protection now carries a yearly price tag.
The Annual Asylum Fee, authorized by H.R. 1, was designed to offset asylum processing costs but quickly drew lawsuits for violating humanitarian principles.
On October 30, 2025, a federal court intervened, halting the program and leaving hundreds of thousands of asylum seekers wondering what to do next.
Why This Matters Now
- More than 600 000 asylum applications are pending for over a year.
- The $100 fee is non-waivable, hitting low-income families hardest.
- A federal injunction has paused billing — but the rule itself still exists.
- Non-payment penalties are on hold pending further court action.
- The Annual Asylum Fee (AAF) for fiscal year 2025 is set at $100.
Advocacy groups like Immigration Equality and the Asylum Seeker Advocacy Project (ASAP) welcomed the stay, calling it a victory for fairness and access to justice.
Administrative / Technical Explanation
Congress created the fee through Public Law 119-21 (H.R. 1) on July 4 2025, directing both USCIS and EOIR to collect an annual payment on pending asylum applications. A separate $100 initial filing fee for new asylum applications filed on or after July 22, 2025, is still in effect and must be paid when filing.
Update (Nov 2025):
A federal district court issued a nationwide stay in ASAP v. USCIS, blocking issuance and enforcement of AAF notices. USCIS has paused all billing and collection. Applicants who already paid should keep receipts; no refunds will be issued. USCIS directed asylum seekers to “disregard previously issued AAF notices until further direction.” (USCIS Alert)
Affirmative vs. Defensive Asylum — Who Pays and When
Affirmative Asylum (USCIS)
- USCIS has stopped issuing billing notices.
- Applicants should monitor their USCIS accounts.
- No payment required until new instructions appear.
- The USCIS online payment system for the annual fee is not currently active, and you cannot pay the fee without specific, active instructions.
Defensive Asylum (EOIR / BIA)
- EOIR’s limited pilot billing program is paused.
- Defensive applicants should await official guidance.
- Asylum seekers must pay AAF annually on the anniversary date of their application.
Richard T. Herman:
“This pause brings temporary relief — but not final certainty. Asylum seekers must keep documentation and stay informed.”
Lawsuit Challenge — ASAP v. USCIS and the Constitutional Arguments
Background of the Case
Filed October 3, 2025 by the Asylum Seeker Advocacy Project (ASAP) in the U.S. District Court for Maryland, the lawsuit (Case No. 1:25-cv-03299-SAG) challenged the legality of the Annual Asylum Fee. On October 30, 2025, the court issued a preliminary injunction halting enforcement (Bloomberg Law).
Core Legal and Constitutional Claims
1. Retroactivity and Lack of Notice — The agencies applied the fee to applications filed before the law’s effective date, violating due process and the Administrative Procedure Act (APA).
2. Arbitrary and Capricious Implementation — USCIS and EOIR rolled out a complex payment rule without uniform systems or clear instructions, rendering it unlawful under the APA.
3. Equal Access to Asylum and Fairness — Because the fee is non-waivable, it creates a wealth barrier that disadvantages poor applicants and violates the Refugee Act and Fifth Amendment principles of equal protection.
4. Conflict with International and Humanitarian Obligations — The fee contradicts the 1951 Refugee Convention and 1967 Protocol by making protection conditional on payment.
Ethical and American-Values Arguments
ASAP and other advocates say the fee betrays America’s promise of refuge:
- It converts asylum into a transaction.
- It burdens people fleeing violence and poverty.
- It diminishes America’s moral standing as a leader in human rights.
Richard T. Herman:
“Charging a survivor for safety contradicts the ethos of the Statue of Liberty — ‘Give me your tired, your poor.’ Asylum should never depend on a credit card.”
Next Steps for Applicants
- Do not pay until USCIS or EOIR formally resumes billing.
- Keep all receipts and AAF notices.
- Check the USCIS Newsroom for updates.
- Update addresses with both agencies.
- Document account checks and communications.
- Consult an immigration lawyer for individual advice.
FAQ — Court Order and Annual Asylum Fee
What is the current status of the Annual Asylum Fee?
A federal court has paused all billing and collection nationwide in ASAP v. USCIS.
Do I need to pay now?
No. Both USCIS and EOIR have suspended enforcement until the stay is lifted.
What if I already paid?
Keep your receipt. USCIS will not refund it but will credit it if billing resumes.
Does the stay apply to Immigration Court cases?
Yes — the order covers both affirmative and defensive asylum cases.
Why is the fee being challenged as unconstitutional?
Advocates argue it violates due process and equal protection by making asylum contingent on ability to pay, contrary to the Refugee Act and APA.
How does this rule conflict with U.S. values?
It turns a humanitarian safeguard into a financial requirement — inconsistent with the nation’s historic commitment to protect the persecuted.
Where can I read the official USCIS announcement?
USCIS Alert: Court Order on Annual Asylum Fee Notices
Outlook — What to Watch Next
The injunction creates uncertainty about future fees. Watch for:
- Final decisions and possible appeals in ASAP v. USCIS.
- New agency rules or clarifying guidance.
- Congressional action in 2026.
- USCIS will notify aliens of the due date for the AAF.
- Final decisions and possible appeals in ASAP v. USCIS.
- New agency rules or clarifying guidance.
- Congressional action in 2026.
Until further notice, no asylum applicant owes the Annual Asylum Fee.
Key Takeaways
- The Annual Asylum Fee is paused nationwide.
- Do not pay until official billing resumes.
- Keep receipts and documents.
- The rule’s constitutionality remains under review.
- Seek experienced legal guidance for updates.
About Richard T. Herman
Richard T. Herman, founder of the Herman Legal Group, has represented immigrants nationwide for over 30 years. He is co-author of Immigrant, Inc. and a recognized advocate for immigrant rights.
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Comprehensive Resource Guide — Annual Asylum Fee (USCIS and EOIR)
Official Government Sources
- USCIS Asylum Overview
- USCIS Annual Asylum Fee Portal
- Form I-589 Instructions
- USCIS Newsroom
- Court Order on Annual Asylum Fee Notices
- EOIR Homepage
- EOIR Case Portal
- Federal Register Rule (July 22 2025)
Nonprofit and Legal Advocacy
- Asylum Seeker Advocacy Project (ASAP)
- Immigration Equality
- American Immigration Lawyers Association (AILA)
- National Immigration Justice Center (NIJC)
- Migration Policy Institute (MPI)
Consumer Protection
- FTC: Avoid Immigration Scams
- DOJ: Report Immigration Fraud
- State Department: Fraud Alerts
Ohio-Based and Regional Support
- Herman Legal Group Offices in Ohio
- Book a Consultation with Richard Herman
- Legal Aid Society of Cleveland
- Catholic Charities Immigration Services
- Ohio Immigrant Alliance
Media and Policy Analysis
Emergency Legal Assistance
- USCIS FDNS: via your USCIS account
- EOIR Fraud Hotline: 1-877-388-3840
- National Immigration Legal Hotline: nilc.org/contact
- Herman Legal Group Client Line: 1-800-808-4013
How to Use This Guide
This directory is maintained by the Herman Legal Group to help asylum seekers and advocates navigate official updates, litigation status, and safe payment procedures with accurate, verified information.
