Original Date Announced

Aiming to "compel[] mass self-deportation," DHS Secretary Noem announced that DHS will “fully enforce the Immigration and Nationality Act, which created multiple tools to track illegal aliens and compel them to leave the country voluntarily." Sec. Noem specifically pointed to criminal penalties for noncitizens who willfully fail to depart the U.S. (8 U.S.C. § 1253(a)(1)), fail to register with the federal government and be fingerprinted (8 U.S.C. § 1306(a)), or fail to apprise the federal government of changes to their address (8 U.S.C. § 1306(b)). Violations may result in fines, imprisonment, or both.

The announcement comes after DHS launched a domestic and international ad campaign encouraging self-deportation and discouraging noncitizens outside the country from unlawfully entering.

Trump 2.0 [ID #1574]

Subsequent Trump and Court Action

Reported: In apparent first in Phoenix, feds charge migrant for not declaring his unlawful presence in US - Arizona Republic

The Arizona Republic reports that federal prosecutors have charged Eduardo Prado Flores, who is undocumented, with a misdemeanor offense of failing to register (8 U.S.C. § 1306), invoking the long-dormant requirement that certain noncitizens in the U.S. register with the federal government. Federal Magistrate Judge Deborah Fine stated from the bench: "If this is all the United States has . . . I have concerns about putting my signature on this," citing Ninth Circuit precedent that failure to register requires prosecutors demonstrate an individual willfully failed to register.

Subsequent Trump and Court Action

Reported: 4,500 migrants told to pay fines up to $1.8 million - NBC News

NBC News reports that 4,500 undocumented noncitizens have received notices of fines for failing to leave the U.S. after a final deportation order. The administration has issued fines of $998 per day, applied retroactively to the date of the deportation order for up to five years. Some individuals have reported receiving fines as high as $1.8 million, the maximum.

Those fined are given "30 days to contest, in writing, under oath, and with evidence as to why the penalty should not be imposed." The government has said it will consider seizing property from those who cannot afford to pay. Fines are issued by ICE but administered by CBP, where officials say they are working on a plan to conduct seizures.