A new fine process is underway for foreign nationals illegally living in the country.
The departments of Homeland Security and Justice announced a new joint federal rule went into effect with a public comment period extended through July 28.
The rule amends existing DHS and DOJ regulations authorizing DHS to issue civil monetary penalties as stipulated by the Immigration and Nationality Act “for aliens who fail to depart voluntarily during the voluntary departure period, willfully fail or refuse to depart after a final removal order … or are apprehended while improperly entering or attempting to enter the United States.”
The current process requires giving illegal foreign nationals 30 days’ notice of intent to fine them before a fine is issued. The rule eliminates the 30-day notice period, authorizes DHS immigration officers to mail fines to illegal foreign nationals who have addresses on record and shortens the appeal process. It also transfers the appeals process from the DOJ Board of Immigration Appeals to DHS.
The fine process applies to “aliens who enter the United States illegally; aliens who ignore removal orders or delay their removal; aliens who do not honor agreements to comply with judges’ voluntary departure orders,” DHS says.
The fines are incremental, including between:
- $100 to $500 for each unlawful entry or attempted entry;
- $1,992 to $9,970 for those who fail to honor a voluntary departure order;
- up to $998 per day for those who willfully refuse to comply with a removal order from a federal judge.
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Under federal law, 8 USC 1324d imposes civil penalties for failure to depart. It stipulates that “Any alien subject to a final order of removal who- (1) willfully fails or refuses to-(A) depart from the United States pursuant to the order, (B) make timely application in good faith for travel or other documents necessary for departure, or (C) present for removal at the time and place required by the Attorney General; or (2) conspires to or takes any action designed to prevent or hamper the alien’s departure pursuant to the order, shall pay a civil penalty of not more than $500 to the Commissioner for each day the alien is in violation of this section.”
This provision of the law wasn’t enforced by any administration until the first Trump administration. The Biden administration halted any enforcement of it. The second Trump administration announced it was reinstituting it in May.
As of June 13, ICE has already issued nearly 10,000 fine notices, DHS says.
“For decades, this law has been ignored – not anymore,” DHS said when announcing it was requiring all noncitizens living in the U.S. legally and illegally to register with the federal government in accordance with the law,” The Center Square reported.
“An alien’s failure to depart the U.S. is a crime that could result in significant financial penalty. An alien’s failure to register is a crime that could result in a fine, imprisonment, or both,” DHS warned.
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By contrast, those who self-deport using the CBP Home App will receive a $1,000 stipend after they arrive in their home country, confirmed on the app, The Center Square reported.
“Self-deportation is a dignified way to leave the U.S. and will allow illegal aliens to avoid being encountered by U.S. Immigration and Customs Enforcement” agents, DHS said.
Those who self-deport using the app will receive forgiveness of any civil fines or penalties for previously failing to depart the U.S.
They “will also be deprioritized for detention and removal ahead of their departure as long as they demonstrate they are making meaningful strides in completing that departure,” and “may help preserve the option … to re-enter the United States legally in the future,” DHS said.
Qualifying illegal foreign nationals are encouraged to submit their “Intent to Depart” using the CBP Home app here.
Syndicated with permission from The Center Square.
