in effect
This is an interim final rule (already in effect as of June 27, 2025) issued jointly by the Department of Homeland Security and the Department of Justice. It creates a new, DHS-exclusive process for issuing and collecting civil fines against noncitizens who fail to leave voluntarily when ordered, refuse to leave after a final removal order, or are caught entering the country illegally.
Appeals over these civil fines are moved from the Justice Department’s Board of Immigration Appeals (BIA) to DHS, removing an outside check that had previously existed. The rule streamlines the penalty process to allow DHS to issue fines faster and at greater volume, replacing procedures the agencies say were not designed for this purpose. The fines themselves are set by existing law: $1,992–$9,970 for failing to leave during a voluntary departure period; up to $998 per day for willfully refusing to leave after a final removal order; and $100–$500 per unlawful entry (doubled for repeat violations). DHS had already issued nearly 10,000 notices of intent to fine as of June 13, 2025, before this rule was finalized. Separately, DHS states it will cancel outstanding fines for individuals who self-deport using the CBP Home mobile app.
Noncitizens who were granted voluntary departure and did not leave within the allowed time, noncitizens under a final order of removal who have not departed, and noncitizens caught entering the country outside an official port of entry are all subject to these fines under the new procedures. The BIA, which previously heard appeals of these penalties, loses jurisdiction over this category of case. Immigration attorneys representing affected individuals will now direct any challenges entirely within DHS rather than to an independent DOJ body.