Original Date Announced

Section 8 of Presidential EO 14159, "Protecting the American People Against Invasion," directs DHS and the Department of the Treasury to "ensure the assessment and collection of all fines and penalties that the Secretary of Homeland Security is authorized by law to assess and collect from aliens unlawfully present in the United States, including aliens who unlawfully entered or unlawfully attempted to enter the United States, and from those who facilitate such aliens’ presence in the United States." Section 8 also directs DHS and Treasury to submit a report within 90 days about their progress on this directive and any recommended additional actions.

Trump 2.0 [ID #1399]

Subsequent Trump and Court Action

2025.03.31 DHS - Message to Illegal Aliens: A Warning to Self-Deport

DHS posted on X a flyer titled “Message to Illegal Aliens: A Warning to Self-Deport.” The message encouraged noncitizens to self-deport, and stated that the consequences of not doing so could include immediate deportation, fines and penalties (including a fine of $998 per day for individuals who received a final order of removal and a fine of $1,000-$5,000 for individuals who “fail to self-deport after claiming you will”), possible imprisonment, and prohibition on returning to the United States.

Although not stated, the $998 figure was listed in a final rule published on January 2, 2025, adjusting civil monetary penalties for inflation.

Subsequent Trump and Court Action

2025.04.08 Reported: Trump plans to fine migrants $998 a day for failing to leave after deportation order - Reuters

Reuters reports that, "the Trump administration plans to fine immigrants under deportation orders up to $998 a day if they fail to leave the United States and to seize their property if they do not pay." The fines stem from 8 USC section 1324d, a 1996 provision that was enforced for the first time in 2018 by the first Trump administration against nine immigrants. "The Trump administration plans to apply the penalties retroactively for up to five years" and "is also considering seizing the property of immigrants who do not pay the fines." Customs and Border Protection (CBP) is responsible for handling penalties, property seizures, and the sale of assets.

Subsequent Trump and Court Action

2025.05.16 Undocumented immigrant faces $1.82 million fine for failing to leave U.S. after 2005 removal order - CBS News

According to CBS News, a woman has been charged with a $1,821,350 fine for failing to leave the United States after receiving a removal order when she missed a court hearing: $500 for every day she stayed in the U.S. since the order was issued in 2005.

Subsequent Trump and Court Action

2025.06.09 DHS - DHS Announces It Will Forgive Failure to Depart Fines for Illegal Aliens Who Self-deport Through the CBP Home App

DHS announced that noncitizens who self-deport through the CBP Home App will receive, in addition to travel assistance and the $1,000 stipend, forgiveness of any civil fines or penalties for failing to depart the U.S.

Subsequent Trump and Court Action

2025.06.27 EOIR - PM 25-32

EOIR Acting Director Owen issues Policy Memorandum 25-32, “Imposition and Collection of Civil Penalties for Certain Immigration-related Violations,” providing guidance on the portions of the June 27 interim final rule that are relevant to the operations of EOIR.

Subsequent Trump and Court Action

2025.06.27 ICE & EOIR: Interim Final Rule - Imposition and Collection of Civil Penalties for Certain Immigration-Related Violations

ICE and EOIR published a joint interim final rule establishing new, streamlined procedures for imposing fines on noncitizens who violate certain immigration laws. The interim final rule provides procedures for the issuance of fines for noncitizens who fail to depart the country after being granted voluntary departure (INA § 240(B)), fail to leave the country pursuant to a final order of removal (INA § 274d), or are apprehended while improperly entering or attempting to enter the U.S. (INA § 275(b)(1)).

The interim final rule would allow DHS to serve noncitizens with a Notice of Intention to Fine through the regular mail rather than in person or via certified mail. It would also shorten the available window for noncitizens to appeal a notice from 30 to 15 days, and bar noncitizens from requesting an in-person interview as part of their appeal. Finally, the interim final rule would strip the Board of Immigration Appeals' (BIA) jurisdiction over appeals involving these civil penalties.

Subsequent Trump and Court Action

2025.11.20 Complaint - Maria L. v. Noem

Two immigrants and a nonprofit organization filed a federal class action lawsuit against DHS and other government actors, alleging that the Trump administration has unlawfully imposed "ruinous" civil penalties pursuant to federal statutes in an attempt to convince immigrants to voluntarily depart the United States.

The complaint alleges that the government has failed to complete individualized assessments before assigning fines in violation of federal statute. The complaint also alleges that these fines are unconstitutional under the Excessive Fines Clause of the Eighth Amendment, the right to jury trial under the Seventh Amendment, and the Fifth Amendment. Finally, the complaint alleges that DHS violated the Administrative Procedure Act by failing to undergo notice and comment, acting arbitrarily and capriciously, and exceeding the agency's legal authority. Maria L. v. Noem, No. 1:25-cv-13471 (D. Mass.).

**Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**