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DOJ finalizes rule adjusting civil monetary penalties for inflation

  1. Original Date Announced

    April 5, 2019

    DOJ finalizes without change the 2016 interim rule to adjust for inflation the civil monetary penalties assessed or enforced by components of the Department -- which includes EOIR's Office of the Chief Administrative Hearing Officer (OCAHO) -- in accordance with the Bipartisan Budget Act of 2015. DOJ also responds to comments concerning inflation adjustments to penalties for INA § 274A violations regarding employee identity and employment authorization verification.

    [ID #208]

    Final Rule re: Civil Monetary Penalties Inflation Adjustment
  2. Effective Date

    April 5, 2019

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Rule
Subject Matter: Hearings and Adjudications
Agencies Affected: EOIR DOJ

Pre Trump-Era Policies

  • June 30, 2016 The 2016 interim rule implemented the initial adjustments of monetary amounts for civil penalties, effective August 1 of that year. Once initial adjustments have been made, the "2015 Amendments" (i.e., § 701 of the Bipartisan Budget Act of 2015) provide a different process for future adjustments, and DOJ will therefore publish annual adjustments in the Federal Register -- which it did on February 3, 2017 and January 29, 2018. Interim Rule on Civil Monetary Penalties Inflation Adjustment, 81 Fed Reg 42191

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