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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-Era 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.
View Document -
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.
Go to article on vox.com
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On April 23, 2021, DHS, at the discretion of Secretary Mayorkas, rescinded two delegation orders related to the collection of civil financial penalties for noncitizens who fail to depart the U.S., stating they run counter to the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.
Go to article on whitehouse.gov
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
- Commentary
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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