Raised fees for legal immigration ‘incentivizes’ illegal crossings: expert

A U.S. Citizenship and Immigration Services fee increase for legal immigration could only serve to further incentivize illegal immigration and border crossings.

The U.S. Citizenship and Immigration Services first fee increase in over seven years went into effect at the start of April, a change that could further fuel illegal border crossings.

"If it is faster and easier and less costly to come here illegally than it is legally, then rational human beings will do that," Lora Ries, the Director of the Heritage Foundation's Border Security and Immigration Center, told Fox News Digital.

The comments come after the first USCIS fee increase for some legal immigrants requests took effect at the beginning of April, making applications for work authorizations, registering as a permanent resident, and even finance applications more expensive.

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In a press release explaining the increases, which were finalized in January, the USCIS Director Ur M. Jaddou said the agency will use the new revenues to "improve customer experience and stem backlog growth." The release went on to say, "For the first time in over seven years, USCIS is updating our fees to better meet the needs of our agency, enabling us to provide more timely decisions to those we serve,"

"Despite years of inadequate funding, the USCIS workforce has made great strides in customer service, backlog reduction, implementing new processes and programs, and upholding fairness, integrity, and respect for all we serve."

But according to Ries, the funding issues plaguing USCIS result from the system being unfair to legal immigrants and the taxpayers, who help fund the backlog of free asylum claims filed by those who cross the border illegally.

"USCIS is supposed to be a fee funded agency that’s built on the sound principle that if you are applying for an immigrant benefit, you should pay for that application, not the taxpayers," Ries said, adding that it "costs money to adjudicate" the applications of illegal migrants, who are not paying the fees when they claim asylum.

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"There’s literally no cost to file a frivolous asylum application," Ries explained, noting that the money it costs to process such cases will get shifted to increased fees for legal migrants or the taxpayers.

Some of those fees, such as an I-129L Petition for nonimmigrant workers, have now risen nearly $1,000, with that fee changing from $460 to $1,385 under the new rules. Other fees, such as the I-129F Petition for Alien Fiance, saw less dramatic increases, with that fee rising from $535 to $675. Filers can save $50 on applications that are submitted online, USCIS noted, while a few fees such as the I-90 Application to Replace Permanent Resident Card saw small decreases in the fee.

Meanwhile, Ries noted that the Biden administration has opted to keep the fee to apply for asylum at zero while ushering in a rule to speed up the process for immigrants to receive work permits. 

Put together, more people will likely opt for the more affordable way to attempt to enter the country, Ries said.

"They are truly incentivizing what people apply for," Ries said. "They are directly determining, incentivizing, and encouraging people to apply for asylum, to apply for work permits, to apply to naturalize… we want U.S. citizens and we want people to want to become citizens and be loyal to America, but not through funding manipulation."

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