Immigration attorney Liudmila Marcelo highlighted in an interview with CiberCuba on Wednesday that the recent increase in the asylum fee to $100 annually, following Trump's new fiscal law, presents an immediate benefit for those seeking international protection: it buys them time. The lack of available forms to pay this new fee has led judges to delay final court hearings, which currently serves as a silver lining for asylum seekers. This delay provides additional time while awaiting the outcomes of lawsuits filed by pro-immigrant organizations that impact Cubans with humanitarian parole and I-220A.
Marcelo remains skeptical about a prompt resolution to these lawsuits and advises against expecting a decision before the fiscal year ends. Nevertheless, she acknowledges that, for now, gaining extra time is a blessing for those involved.
The downside isn't just the annual $100 fee but also the requirement for immigrants to pay for each year their asylum case has been pending. "The bad news is the payment will be retroactive, meaning some individuals might owe $100, $200, or even $400," Marcelo elaborated.
During her weekly segment on CiberCuba, Marcelo recounted a situation from this Tuesday when she faced a final court hearing. "My client and I were prepared, having traveled to Orlando from Tampa for the 8:30 a.m. hearing. Before the session started, the government representative, the DHS prosecutor, approached me about a matter concerning the fees," she explained. "I acknowledged the introduction of the $100 fee, noting that the case was longstanding. The prosecutor confirmed this, pointing out that the case had been pending for over two years, resulting in the retroactive application of fees. Therefore, those with cases pending for multiple years might face fees of 200, 300, or even 400 dollars."
"The issue is that this fee must be paid before the final court hearing, yet the court system hasn't established a payment process. The prosecutor assured me he wouldn't ask the judge to dismiss the case, acknowledging that it's not our responsibility. Consequently, the hearing was rescheduled, granting us additional time. I know this situation is affecting many attorneys, especially as of yesterday (Tuesday)," Marcelo added.
Last week, Marcelo mentioned on CiberCuba that she had several asylum cases rejected due to unpaid fees. After persistent efforts, these cases were accepted on the condition that clients would be notified to pay once the official payment form becomes available.
Key Insights on Asylum Fee Changes and Implications
What is the recent change in the asylum fee?
The asylum fee has increased to $100 annually as a result of a new fiscal law introduced by the Trump administration.
Why are court hearings being delayed?
Court hearings are being postponed because the necessary forms to pay the new asylum fee are not yet available, leading judges to defer final court dates.
How does the retroactive payment affect asylum seekers?
The retroactive payment requires asylum seekers to pay $100 for each year their case has been pending, potentially resulting in significant financial burdens.