Original Date AnnouncedJune 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.
Effective DateJune 19, 2018
Subsequent Trump-Era and Court Action(s)
June 27, 2019
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/ReplacedApril 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On April 23, 2021, DHS, at the discretion of Secretary Mayorkas, rescinded two delegation orders related to the collection of civil financial penalties for noncitizens who fail to depart the U.S., stating they run counter to the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