The Department of Homeland Security (DHS) and the Department of Justice (DOJ) have finalized a rule dramatically expanding and streamlining the government’s ability to impose civil monetary penalties on certain noncitizens who unlawfully enter the United States or fail to comply with removal and voluntary departure orders. The final rule largely adopts a June 2025 interim final rule and becomes effective upon publication in the Federal Register.
The agencies state that the rule supports implementation of Executive Order 14159, Protecting the American People Against Invasion, and other administration initiatives focused on increasing immigration enforcement and encouraging self-departure.
Who Can Be Fined?
The rule applies to three categories of noncitizens:
- Individuals who willfully fail or refuse to depart after receiving a final order of removal;
- Individuals who fail to depart within the time allowed under a voluntary departure order; and
- Individuals apprehended while unlawfully entering or attempting to enter the United States.
Civil Penalty Amounts
The final rule does not create new penalties; instead, it changes how DHS imposes existing penalties authorized by Congress.
Current penalty amounts include:
- Unlawful entry or attempted entry: $100-$500 per violation.
- Failure to comply with a voluntary departure order: approximately $1,992-$9,970, with a common default amount of $3,000.
- Willful failure to depart after a removal order: up to $998 per day for each day the individual remains in the United States in violation of the order.
The agencies note that these per-day penalties can exceed $1 million in some circumstances when applied over extended periods.
Major Procedural Changes
Elimination of Notice of Intent to Fine (NIF)
Previously, DHS generally issued a Notice of Intent to Fine before imposing a penalty and allowed additional administrative procedures before reaching a final decision.
The new process allows immigration officers to issue a civil penalty decision and order immediately, which becomes final if not appealed.
Shortened Appeal Period
Individuals now generally have only 15 business days to file an appeal of a civil penalty.
Appeals Stay Within DHS
One of the most significant changes is the elimination of review by the Board of Immigration Appeals (BIA).
Appeals will instead be handled internally by a supervisory DHS immigration officer who conducts a de novo review of the record. The BIA will no longer have appellate jurisdiction over these civil penalty determinations.
No In-Person Hearings
The new procedure relies primarily on written submissions and documentary evidence. DHS concluded that the issues involved in these penalties are generally straightforward and do not require in-person hearings.
One Important Change from the Interim Rule
The final rule includes one modification not contained in the June 2025 interim rule.
DHS will now allow late-filed appeals when an individual can demonstrate that delayed mail delivery prevented a timely filing. To qualify, the individual must provide documentation supporting the claimed delay. DHS will review such requests on a case-by-case basis.
Continued Incentive for Self-Departure
DHS reiterated that many outstanding failure-to-depart penalties may be forgiven if an eligible individual uses the CBP Home app to arrange and complete voluntary departure from the United States under the administration’s Project Homecoming initiative.
Erickson Insights and Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.