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Fines for Undocumented Immigrants: New Immigration Penalty Policy Explained

The Trump administration has introduced a harsh new policy that fines undocumented immigrants. It applies to those who have received final deportation orders but remain in the United States. This policy proposes daily fines of up to $998 and the potential seizure of assets for non-compliance. As immigration lawyers, it’s important to understand and explain the implications of this news. We are here to explain what these fines mean for our clients.

Understanding the Proposed Fines

The administration aims to enforce a provision from a 1996 law. That law allows for civil penalties against individuals who willfully fail to comply with removal orders. The original statute set fines at up to $500 per day for immigrants. The current proposal seeks to increase this amount to $998 for undocumented immigrants, with retroactive application for up to five years. This means that migrants could face fines exceeding $1 million in some cases.

Potential Impact on Immigrants

Approximately 1.4 million undocumented migrants who have been ordered removed by immigration judges could be affected by these imposed fines. Beyond financial penalties, the administration is considering asset seizures for those who fail to pay the fines. This could include the confiscation and sale of personal property.

Self-Deportation Incentives

To mitigate these penalties, the Department of Homeland Security (DHS) is encouraging undocumented migrants to voluntarily depart the U.S. They can do so through the rebranded CBP Home app, which facilitates self-deportation. This app allows individuals to leave the country on their own terms, potentially avoiding these fines. This could preserve future eligibility for legal entry for immigrants.

As U.S. immigration attorneys, we want to relay the following:

  • Speak to an Immigration attorney about filing an Appeal if you get a deportation order or a Motion to Reopen.
  • Voluntary Departure: The CBP Home app for self-deportation may be safer and more financially viable.
  • Asset Protection: Be aware of the potential for asset seizures and fines under this policy. Undocumented immigrants should take necessary steps to protect their property.
  • Legal Challenges: While the policy is legally grounded, there may be avenues to challenge fines or seizures. This will be based on individual circumstances. It’s essential to stay informed about any legal developments or challenges to the policy.

The proposed daily fines and asset seizures represent a significant shift in immigration enforcement. It’s crucial for both migrants and legal professionals to stay informed and proactive in addressing these changes.

Consult with an experienced immigration attorney like Shepelsky Law Group! We can provide personalized guidance tailored to your individual situation, ensuring that all legal avenues are explored and rights are protected. We are here to help you legalize in the US. Call Shepelsky Law Group to book your consultation.