Why It Matters
A recent Congressional Research Service report examines the dramatic expansion of immigration enforcement fines, a component of the Trump administration's deportation strategy. As of July, the Department of Homeland Security had issued more than 103,000 fines totaling more than $84 billion to immigrants for immigration-related violations, including failure to depart after receiving final removal orders. DHS has reportedly collected only $1.2 million of the more than $84 billion in fines issued.
The failure-to-depart fine authority, dormant for decades, was first used during President Donald Trump's (R) first administration, revoked under the Biden administration and revived after Trump returned to office. Congress also expanded the government's financial enforcement tools in the 119th Congress, establishing a $5,000 minimum fee in July 2025 for immigrants ordered removed in absentia who are subsequently arrested by Immigration and Customs Enforcement, effective Sept. 8, 2025. DHS has reportedly begun garnishing wages and tax refunds and pursuing property seizures to collect unpaid fines. A related lawsuit challenging the immigration fines has been filed in Massachusetts federal district court.
The Big Picture
The failure-to-depart penalty traces to 1996, when Congress set the maximum at not more than $500 per day for each day an immigrant remains in violation. Adjusted for inflation, that daily penalty now reaches approximately $998. The provision sat largely dormant until 2018, when the first Trump administration began enforcing it following Executive Order 13768. The Biden administration later revoked the penalties before Trump reinstated their use through Executive Order 14159, which directed DHS to ensure the assessment and collection of all authorized fines and penalties.
Congress accelerated the expansion in 2025. Legislation established the new in absentia arrest fee, set at the greater of $5,000, adjusted for inflation, or an amount the DHS secretary establishes by rule. In May, DHS proposed increasing the inflation-adjusted $5,130 fee to $18,000. Some individuals with final removal orders have been issued fines totaling as much as $1.8 million per person.
DHS has streamlined enforcement procedures to support collection. On June 27, 2025, DHS issued an interim final rule that consolidated the process for issuing civil monetary penalties under INA §§ 240B(d), 274D(a)(1) and 275(b), with the new procedures taking effect immediately. The rule shortened the appeal window for civil monetary penalties from 30 days to 15 days for notices issued on or after that date and eliminated the requirement to serve notices in person or by certified mail, allowing regular mail instead. It also transferred the appeals process for those penalties from the Justice Department's Board of Immigration Appeals to DHS. DHS has reportedly begun garnishing wages and tax refunds and pursuing property seizures from individuals with unpaid fines. The department has also said unpaid fines will be considered as a discretionary factor when it evaluates applications for immigration benefits such as green cards.
To encourage voluntary departure, DHS has promoted the CBP Home smartphone application, offering eligible participants free transportation to their home countries, a one-time $2,600 exit bonus and forgiveness of outstanding failure-to-depart fines to those who use the app to communicate their intent to depart.
The Bottom Line
The Trump administration has transformed a civil penalty authority that went largely unused for decades into a significant component of its immigration enforcement strategy. DHS has issued more than 103,000 fines totaling more than $84 billion while reportedly collecting only $1.2 million, illustrating the substantial gap between penalties assessed and money recovered.
The administration is also pursuing additional collection tools, including wage garnishment, tax refund offsets and property seizures, while treating unpaid fines as a discretionary consideration in immigration benefit applications. At the same time, DHS is offering to forgive failure-to-depart fines for eligible immigrants who voluntarily leave through CBP Home.
The expansion is now facing a legal challenge in Massachusetts federal district court, where immigrants facing fines of up to $1.8 million and the Immigrant Legal Resource Center are challenging the government's revived civil penalty program. The litigation could help determine how far the administration can go in using decades-old civil penalty authority as part of its broader immigration enforcement strategy.
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