Imposition and Collection of Civil Penalties for Certain Immigration-Related Violations
Key claim: People who miss a voluntary-departure deadline, refuse to leave after a final removal order, or are caught entering the country illegally can more readily be assessed and billed civil fines, though ICE may accept a late appeal if documented mail delays caused the miss.
Abstract
(Rule · Homeland Security Department, Justice Department, Executive Office for Immigration Review) On June 27, 2025, the Departments issued an interim final rule (“IFR”) to streamline assessment of civil penalties under the Immigration and Nationality Act (“INA”) for aliens who fail to depart during a voluntary departure period, willfully fail or refuse to depart after a final removal order and certain other proscribed activities, or are apprehended while improperly entering or attempting to enter the United States. This final rule addresses comments and finalizes the IFR with one change: it permits acceptance of a late-filed appeal based on documented mail delivery delays that ICE finds were beyond the alien’s control.
Why this matters
Civil fines under INA §§ 274D and 275(b) have historically been assessed inconsistently; a finalized DHS/DOJ process makes billing routine for people who miss voluntary departure, refuse to leave after a removal order, or are apprehended entering illegally. The narrow mail-delay appeal is the main procedural safeguard, so affected individuals face predictable monetary liability on top of removal consequences.