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The U.S. Citizenship and Immigration Services (USCIS) implemented its first fee increase in over seven years at the beginning of April, sparking concerns that the change could drive more individuals to cross the border illegally. Lora Ries, the Director of the Heritage Foundation’s Border Security and Immigration Center, emphasized that if it is faster, easier, and less costly to come to the U.S. illegally than legally, rational individuals will choose the illegal route. The fee increases impact various legal immigrant requests such as work authorizations, permanent resident registrations, and even finance applications.

USCIS Director Ur M. Jaddou stated that the agency will use the new revenues from the fee increase to enhance the customer experience and reduce backlog growth. The goal is to provide more timely decisions to those seeking immigration benefits. Despite the agency’s progress in customer service, backlog reduction, and implementing new programs, funding issues persist. Ries asserts that the USCIS funding challenges stem from the system’s unfairness to legal immigrants and taxpayers who fund the backlog of free asylum claims filed by individuals crossing the border illegally. The principle is that those applying for immigration benefits should pay for their applications, not taxpayers.

Ries pointed out that there is no cost to file a frivolous asylum application, leading to increased fees for legal migrants or taxpayers to cover the costs of processing such cases. Some application fees have significantly increased, such as the I-129L Petition for nonimmigrant workers, which rose from $460 to $1,385 under the new rules. While online applications can save filers $50, other fees like the I-129F Petition for Alien Fiance saw less dramatic increases. Certain fees, including the I-90 Application to Replace Permanent Resident Card, saw minor decreases.

The Biden administration has chosen to keep the asylum application fee at zero while streamlining the process for immigrants to obtain work permits. As a result, more individuals may opt for the more affordable route to enter the country, such as applying for asylum or work permits. Ries criticized this approach, noting that the administration is incentivizing people to apply for various immigration benefits by manipulating fees. While there is a desire for individuals to become U.S. citizens, it should not be achieved through fee manipulation or encouraging certain types of applications.

The fee increases may impact legal immigrants seeking various U.S. immigration benefits, potentially discouraging some individuals from pursuing legal avenues and driving them towards illegal means. As USCIS aims to address backlog issues and improve service delivery, concerns remain about the fairness and sustainability of the current immigration system. The balance between encouraging legal immigration, protecting taxpayer resources, and preventing abuse of the system by those seeking to exploit loopholes needs to be carefully considered to ensure an efficient and just immigration process.

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