DHS Finalizes Streamlined Immigration Civil Penalty Procedures

The Department of Homeland Security (DHS) and Department of Justice (DOJ) have finalized a rule making it easier and faster for the government to impose civil monetary penalties for certain immigration violations.

The rule applies to noncitizens who:

Willfully fail or refuse to leave the United States after a final removal order
Fail to depart within the time permitted under a voluntary departure order or
Are apprehended while unlawfully entering or attempting to enter the United States.

The rule does not create entirely new penalties. Instead, it changes the procedures DHS uses to impose existing fines.

How Much Are the Fines?

Current penalties can include:

$100 to $500 for unlawful entry or attempted entry;
Approximately $1,992 to $9,970 for failure to comply with voluntary departure; and
Up to $998 per day for willfully failing to depart after a final removal order.

Because some penalties accrue daily, the total amount can grow to hundreds of thousands of dollars or even exceed $1 million in long-running cases.

What Changed?

The final rule significantly speeds up the penalty process.

DHS may now issue a civil penalty decision without first using the previous Notice of Intent to Fine process. Individuals generally have only 15 business days to appeal.

Appeals will also remain within DHS and will be reviewed by a supervisory immigration officer rather than the Board of Immigration Appeals. The process primarily relies on written evidence, without a general right to an in-person hearing.

The final rule does include a limited exception allowing certain late appeals when documented mail delays prevented a timely filing.

What This Means

The new procedures give DHS a faster and more centralized system for imposing and collecting immigration fines. The appeal period is short, and penalties involving failure to depart can increase dramatically over time.

If you have received an immigration fine, have an outstanding removal order, or are unsure whether these penalties could apply to you, speak with an experienced immigration attorney as soon as possible.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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