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U.S. Implements $5,000 Apprehension Fee for Illegal Entry, DHS Cites Seven Months of Zero Releases

The measure relies on 8 U.S.C. §1815 under July’s border law, reflecting a deterrence strategy officials say has ended Border Patrol releases.

Overview

  • Border Patrol Chief Michael Banks said the fee applies to anyone 14 or older who entered without inspection, regardless of time in the U.S. or pending immigration proceedings.
  • DHS said the penalty has been in effect since September, with unpaid amounts treated as government debt that can block future legal reentry.
  • CBP Air and Marine Operations issued a maritime warning telling would‑be migrants they will be caught, deported, and banned from returning if they attempt sea crossings.
  • Border wall construction has resumed in the Rio Grande Valley, with 17.4 miles beginning near Harlingen, Texas, as part of the broader enforcement posture.
  • Officials cited 8 U.S.C. §1815 as the authority for the fee and noted other statutes could apply, while lawsuits challenge related daily fines and enforcement tactics.