Protecting Asylum Integrity Act
- Sponsor
- Sen. Scott, Rick [R-FL]
- Committees
- Judiciary Committee (primary)
- Last action
- Jun 11, 2026
Bottom line
The bill establishes a new fee for credible fear interviews, aiming to recover processing costs, deter frivolous asylum claims, and generate revenue for immigration operations and the Treasury.
What it actually does
This bill amends the Immigration and Nationality Act to mandate that the Department of Homeland Security (DHS) collect a fee of at least $100 from individuals undergoing a credible fear interview, which is a preliminary step for asylum seekers. The fee must be collected before the interview, and its amount will be adjusted annually for inflation. Half of the collected fees will go to U.S. Citizenship and Immigration Services (USCIS) for processing, and the other half will be deposited into the general fund of the Treasury.
Proponents argue
Proponents argue that the fee is a fiscally responsible measure consistent with existing immigration policy of recovering processing costs. They contend it will deter the filing of frivolous or meritless asylum claims, thereby streamlining the system, and generate much-needed revenue to support border security and immigration enforcement activities, ultimately increasing federal revenues.
Opponents contend
Opponents are likely to argue that imposing a fee on credible fear interviews creates an insurmountable barrier for vulnerable asylum seekers, many of whom arrive with no financial resources. They would contend that it undermines the right to seek asylum under international and domestic law, potentially leading to the expedited removal of individuals with legitimate protection claims simply because they cannot afford the fee. Critics may also highlight the administrative burden of collecting fees from a transient and often indigent population.
The bill is very short and straightforward, making it highly accessible for a reader to evaluate its core provisions and implications quickly.
Section 2(b), amending 8 U.S.C. 1225(b)(1)
Mandatory Credible Fear Processing Fee
This provision requires the Secretary of Homeland Security to charge a fee of at least $100 for every credible fear interview conducted. This fee must be paid before the interview takes place. The amount will be adjusted annually for inflation, starting in fiscal year 2027. This introduces a direct financial cost for individuals seeking to initiate an asylum claim.
Supporters argue
Supporters argue this fee is a reasonable user fee that aligns with existing immigration policy to recover costs. They state it promotes fiscal responsibility, deters frivolous claims, and provides essential revenue for immigration processing and enforcement, which are currently underfunded.
Critics contend
Critics contend that this fee will disproportionately impact vulnerable individuals fleeing persecution who often arrive with no financial resources. They argue it creates an unjust financial barrier to accessing a legal right to seek asylum, potentially violating humanitarian principles and U.S. legal obligations, and could lead to legitimate asylum claims being denied due to inability to pay.
Tradeoffs
The provision balances the goal of fiscal responsibility and deterring potentially meritless claims against concerns about equitable access to asylum for vulnerable populations and potential humanitarian impacts.
Section 2(b)(iii), amending 8 U.S.C. 1225(b)(1)
Fee Allocation and Use
This part of the bill specifies how the collected fees will be distributed. Fifty percent of the fees will be deposited into the Immigration Examinations Fee Account, making them available to USCIS without further appropriation for processing and operations. The remaining fifty percent will be deposited into the general fund of the Treasury. This ensures a direct funding stream for immigration services and general federal revenue.