The Department of Homeland Security (DHS) has announced a final rule in the Federal Register allowing electronic payment of fees related to requests for record access under the Freedom of Information Act (FOIA) and the Privacy Act of 1974, effective November 30, 2026. This development is documented in official file 2026-22165.
Previously, applicants were restricted to paying these fees via check or money order made out to the U.S. Treasury. This traditional method necessitated physically obtaining and mailing these payment instruments, thereby prolonging the application process.
Under the new regulation, individuals can now utilize Pay.gov—an online federal payment platform integrated with the DHS's FOIA processing system—or other electronic platforms authorized by the DHS and its subdivisions for payments.
Checks and money orders remain valid options where applicable. The DHS has clarified: "The option to pay by check or money order is preserved."
This rule alters sections 5.11(a) and 5.21(d) of Title 6 in the Code of Federal Regulations, which govern fee collection for FOIA requests, the Privacy Act, and the Judicial Redress Act of 2015. Roman Jankowski, the DHS Privacy Director, signed the rule and serves as the contact point for inquiries.
The DHS stated that this change is an internal procedural update that does not impact the rights or interests of involved parties, thus exempting it from the usual proposal and public comment process. The Office of Management and Budget did not classify it as a significant regulatory action and did not review it.
According to the rule's complete text, the DHS has confirmed that the rule "will not impose new costs on the government or the public," indicating that those opting for electronic payment might experience reduced wait times between payment and the department's response.
For the Cuban community and other immigrants seeking records from USCIS, ICE, or CBP, this change offers a practical improvement, though several points should be understood before submitting a request.
Most FOIA requests for personal records incur no charge: the first two hours of search and the first 100 pages of copies are free for non-commercial requesters, and the DHS does not charge if the total is under $14.
Fees apply only when these thresholds are exceeded. By submitting a request, applicants implicitly agree to pay up to $25, unless they set a different limit or request a fee waiver.
It is crucial to differentiate between paying a FOIA fee and the approval of an immigration benefit; these are entirely separate processes. Paying a fee for a record does not equate to or influence the outcome of an application for residency, asylum, or parole.
In a related but distinct context, ICE recently issued a notice about the creation of a new Form I-902, intended to standardize FOIA requests with the agency. This form remains a proposal under public consultation—comments are due by December 28, 2026—and should not be confused with the electronic payment rule, which is a finalized regulation with a set implementation date.
Individuals with questions about their rights when requesting immigration records or preparing for a meeting with ICE are encouraged to consult available resources or seek advice from an immigration attorney before proceeding.
FAQs on DHS Electronic Payment Rule
When will the electronic payment option for DHS record access fees be available?
The electronic payment option will be available starting November 30, 2026.
What are the current options for paying FOIA fees before the rule takes effect?
Until the new rule takes effect, fees must be paid via check or money order made out to the U.S. Treasury.
Does this rule change impact the approval of immigration benefits?
No, paying a FOIA fee does not impact the approval or outcome of immigration benefit applications such as residency, asylum, or parole.