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Original Date Announced
June 19, 2018ICE delegated authority for the imposition of civil fines for failure to depart and issued a directive on how such fines are imposed. The 2018 delegation of authority regarding civil penalties to depart was from Acting ICE Director Homan to, inter alia, Field Office Directors. There was also a subsequent delegation order: ICE Delegation No. 006-2020, Delegation of Authority to Administer Certain Provisions Relating to Civil Penalties for Failure to Depart.
[ID #1220]
2018.06.19 ICE Directive 10088.1: Fines and Penalties for Civil Violation of Immigration Law 2018.06.19 Delegation of authority to administer and enforce provisions relating to civil penalties for failure to depart.Effective Date
June 19, 2018Subsequent Trump and Court Action(s)
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June 27, 2019
2019.06.27 [Email]
Email obtained through FOIA showing ICE implementation of policy against people in sanctuary.
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October 23, 2019
ICE tried to fine immigrants living in sanctuary churches. Now, it’s backing down.
ICE reportedly withdraws multiple fines issued to immigrants with removal orders who sought sanctuary in churches, in a reversal of Trump's January 2017 order directing ICE to collect fines.
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February 26, 2020
2020.02.26 Complaint - Austin Sanctuary Network v. ICE
Four nonprofits filed a lawsuit to demand records regarding the imposition of civil fines against individuals taking sanctuary from deportation in houses of worship, alleging that the government’s failure to disclose and release records violated the Freedom of Information Act. Austin Sanctuary Network v. ICE, No. 1:20-cv-01686 (S.D.N.Y.).
**Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**
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January 19, 2021
2021.01.19 Complaint - Austin Sanctuary Network v. Gaynor
Two nonprofits and four immigrants filed a lawsuit to challenge ICE’s practice of issuing hundreds of thousands of dollars in civil fines against people who have taken sanctuary from deportation orders in houses of worship. All four individual plaintiffs are asylum seekers who became leaders of the sanctuary movement. The lawsuit alleges that the government’s issuance of these fines infringes the plaintiffs’ rights of free speech, association, and religion, as well as their right to be free from excessive fines. It also alleges that the government violated the Religious Freedom Restoration Act. Austin Sanctuary Network v. Gaynor, No. 1:21-cv-00164 (D.D.C.).
**See litigation note above**
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September 19, 2022
2022.09.19 Order - Austin Sanctuary Network v. ICE
A federal district court ordered ICE to conduct a new search for additional records responsive to plaintiffs’ FOIA request. The court found that ICE’s failure to search ICE senior leadership in response to the FOIA request was unreasonable, and that ICE’s search for emails and records—where it did search—was “haphazard, inconsistent, incomplete, and inadequate.” Austin Sanctuary Network v. ICE, No. 1:20-cv-01686 (S.D.N.Y.).
**See litigation note above**
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June 21, 2023
2023.06.21 Settlement - Austin Sanctuary Network v. Mayorkas
The parties announced that they reached a settlement agreement. Under the agreement, ICE agreed to grant the individual plaintiffs three years of deferred action status and dismiss their pending immigration cases. Austin Sanctuary Network v. Mayorkas, No. 1:21-cv-00164 (D.D.C.).
**See litigation note above**
View Document
Biden Administration Action: Revoked/Replaced
April 23, 20212021.04.23 DHS Announces Rescission of Civil Penalties for Failure-to-Depart
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On April 23, 2021, DHS, at the discretion of Secretary Mayorkas, rescinded two delegation orders related to the collection of civil financial penalties for noncitizens who fail to depart the U.S., stating they run counter to the agency's best interest.
View DocumentCurrent Status
Not in effectMost Recent Action
April 23, 2021 Action: Revoked/Replaced 2021.04.23 DHS Announces Rescission of Civil Penalties for Failure-to-DepartApril 23, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Sanctuary RestrictionsAgencies Affected: ICEAssociated or Derivative Policies
- December 1, 2020 ICE subpoenas BuzzFeed, demands journalists reveal sources
Pre Trump-Era Policies
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January 25, 2017
Sec. 6. Civil Fines and Penalties. As soon as practicable, and by no later than one year after the date of this order, the Secretary shall issue guidance and promulgate regulations, where required by law, to ensure the assessment and collection of all fines and penalties that the Secretary is authorized under the law to assess and collect from aliens unlawfully present in the United States and from those who facilitate their presence in the United States.
Enhancing Public Safety in the Interior of the United States
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
Fines and Penalties for Civil Violation of Immigration Law
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New Policy
Original Source:
ICE Delegation Order
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Subsequent Action
Original Source:
N/A
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Subsequent Action
Original Source:
Complaint - Austin Sanctuary Network v. ICE
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Subsequent Action
Original Source:
Complaint - Austin Sanctuary Network v. Gaynor
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Subsequent Action
Original Source:
Order - Austin Sanctuary Network v. ICE
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Subsequent Action
Original Source:
Settlement - Austin Sanctuary Network v. Mayorkas
- Commentary
Biden Administration Policy Documents
To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
Commentary
2020.10.22 BRIEFING GUIDE: FOIA DOCUMENTS REVEAL ICE’S USE OF CIVIL FINES TO TARGET IMMIGRANT LEADERS IN SANCTUARY
Center for Constitutional Rights' briefing guide on this policy and its implementation.
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