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ICE uses civil fines to target people in sanctuary

  1. Original Date Announced

    June 19, 2018

    ICE 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.
  2. Effective Date

    June 19, 2018
  4. Biden Administration Action: Revoked/Replaced

    April 23, 2021

    2021.04.23 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    On April 23, 2021, DHS, at the discretion of Secretary Mayorkas, rescinded two delegation orders related to the collection of civil financial penalties for noncitizens who fail to depart the U.S., stating they run counter to the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 Document

Current Status

Not in effect
April 23, 2021
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Sanctuary Restrictions
Agencies Affected: ICE

Associated or Derivative Policies

Pre Trump-Era Policies

  • 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



    Center for Constitutional Rights' briefing guide on this policy and its implementation.

    Go to article

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