The Trump administration and the Department of Homeland Security (DHS) announced they will use the Civil Penalties for Failure to Depart Law to fine migrants. Under this policy, migrants under a removal order could be fined for each they remain in the U.S. The government can also seize their property if fines are not paid.
Civil Penalties for Failure to Depart is a 1996 amendment to the Immigration and Nationality Act that stipulates any migrant in the U.S. subject to a removal order will face civil penalty fine of up to $998. The law was enforced for the first time during Trump’s first term. Now, Trump officials will apply the penalties retroactively for up to five years, which could provide the government with up to $1 million in revenue.
In addition to the fines, the Trump administration is considering seizing the property of those who don’t pay their fines. This would provide an additional source of revenue through auctioning off migrant assets. If enforced, this policy could affect 1.4 million migrants residing the U.S.
Supporters of the law argue it creates tremendous incentives for migrants under removal orders to leave the country. Critics argue the law essentially forces migrants to leave the country under the threat of financial ruin, and that enforcing these fines would require a massive overhaul to U.S. Customs and Border Protection (CBP). They also argue the fines and asset seizures could negatively impact mixed-status households.
There is no announced start date for this policy. The planned deadline for the fines is also currently unknown.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.
