Immigration penalties now face a streamlined federal process after the Department of Homeland Security and the Department of Justice finalized rules governing fines for certain immigration-related violations.
The final rule took effect October 14, 2026, and largely adopts an interim final rule issued on June 27, 2025.
The agencies said the rule is intended to help DHS impose and review civil penalties more efficiently while encouraging compliance with removal and voluntary departure orders.
The rule does not create new categories of fines or change the underlying statutory violations that can trigger them.
Table of Contents
What the final rule covers
The procedures apply to three main categories of cases.
- People who willfully fail or refuse to depart after a final removal order, or who take certain actions to prevent or delay their removal.
- People who fail to leave the United States within the time allowed under a voluntary departure order.
- People apprehended while unlawfully entering or attempting to enter the United States.
The rule applies to civil penalties authorized under sections 240B(d), 274D(a)(1) and 275(b) of the Immigration and Nationality Act.
Those provisions govern immigration penalties and are separate from criminal penalties that may also apply to improper entry or other immigration offenses.
Penalty amounts remain tied to existing law
The final rule changes the process for issuing and challenging covered immigration penalties, not the substantive authority to impose them.
For unlawful entry or attempted unlawful entry, the Federal Register describes inflation-adjusted civil penalties ranging from $100 to $500 per entry or attempted entry.
For failing to comply with a voluntary departure order, the adjusted penalty may range from $1,992 to $9,970, with a general default amount of $3,000.
For a person subject to a final removal order who willfully remains in the United States or otherwise fails to comply, DHS may impose a penalty of up to $998 for each day of noncompliance under the adjusted regulatory schedule.
The exact amount and statutory basis must be identified in the written penalty decision.
How DHS will issue immigration penalties
Under the finalized process, a DHS immigration officer may issue a written decision and order imposing immigration penalties covered by the rule.
The document must state the law supporting the penalty, identify the type and amount of the fine and briefly explain the reasons for the decision.
It must also explain the right to appeal, filing instructions, the right to obtain counsel at no expense to the government and the opportunity to submit written arguments or evidence.
DHS may serve the decision in person or by regular mail.
The agencies said regular mail is permitted because the immigration statutes governing these penalties do not require personal service or certified mail.
The approach replaces the older notice-of-intent-to-fine process, which generally allowed at least 30 days for a response and could involve an interview, reconsideration within DHS and an appeal to the Board of Immigration Appeals.
Appeals for immigration penalties move to a DHS-only process
A person who wants to challenge immigration penalties generally must submit a written notice of appeal postmarked within 15 business days after service of the decision.
The person may file only a notice stating that the penalty is being challenged, or may include written arguments and supporting documents with the appeal.
The appeal is reviewed by a supervisory immigration officer who did not issue the initial decision.
The supervisor may request additional written briefing or documentation, and the person generally has 15 days to respond to that request.
The review is conducted on the written record rather than through an in-person interview.
The supervisor is expected to review the appeal within 10 days of receipt and issue a final decision within 45 days.
The decision may affirm or withdraw the initial penalty.
The final rule removes Board of Immigration Appeals review for these immigration penalties imposed by DHS.
The rule says the supervisory decision is final agency action, subject to discretionary review by the Secretary of Homeland Security.
If no timely appeal is filed, the initial penalty decision becomes final.
New exception for mail-delayed appeals
The final rule makes one significant change to the 2025 interim process.
The final rule creates a limited late-appeal path for some immigration penalties when mail delays prevent a timely filing.
ICE may accept an appeal filed after the 15-business-day deadline when the person shows that delayed or untimely delivery of the immigration officer’s decision caused the late filing.
The late appeal must include a written explanation and any available documents supporting the claim of mail delay.
The rule also allows a person to submit time-stamped evidence showing when the appeal was deposited with the U.S. Postal Service or a commercial carrier.
ICE will decide these requests case by case.
In making that decision, ICE may consider the mailing date, the actual receipt date, the cause and length of the delay and the person’s good-faith effort to pursue the appeal after receiving the notice.
The exception does not automatically excuse every late filing.
People who receive a penalty notice should still act immediately and preserve envelopes, tracking records, mailing receipts and other proof of delivery.
What happens to notice and due process
Several commenters argued that issuing the penalty decision before an appeal could be filed reduced procedural protections.
The agencies rejected that argument and said the initial decision does not become final when it is issued if a timely appeal is filed.
During a timely appeal, the initial penalty decision remains inoperative while a different DHS officer reviews the written record.
The agencies said the written decision provides the factual and legal information needed to challenge the fine before the penalty becomes final.
The rule does not provide a government-paid lawyer.
It does provide that the person may be represented by counsel at no expense to the government.
Because immigration penalties can involve removal orders, voluntary departure deadlines and possible effects on future immigration matters, recipients may want to seek qualified legal advice promptly.
Why DHS and DOJ finalized the process
The agencies said the older procedures for immigration penalties were developed decades ago primarily for carrier-related fines rather than large-scale enforcement against individual migrants.
The final rule states that the prior process required multiple steps that were not specifically required by the Immigration and Nationality Act.
DHS said a simpler process would allow officers to issue more decisions without diverting as many resources from apprehension, detention and removal operations.
The Federal Register also cites the number of people with final removal orders and the growth of immigration court caseloads as reasons for using the civil penalty authority.
According to the rule, ICE previously had approximately 1.5 million people on its non-detained docket with final removal orders, including some people who did not leave after receiving voluntary departure.
The rule also cites more than 282,000 final removal orders issued by the Executive Office for Immigration Review in fiscal year 2024 and DHS data indicating that about 10 percent of those orders were executed.
The agencies said penalties may encourage compliance with court orders and deter unlawful entry.
What recipients should do after receiving a notice
- Read the entire decision and identify the statutory basis, penalty type and amount.
- Record the date and method of service because the appeal deadline is tied to service.
- Check whether the notice was issued under the covered provisions of the Immigration and Nationality Act.
- Prepare a written notice of appeal and submit it according to the instructions in the decision.
- Include available evidence with the appeal, even though a simple written notice can generally initiate the review.
- Keep proof of mailing and use a service that provides a dated receipt or tracking record when possible.
- If the appeal is late because of mail delivery, explain the delay and attach supporting documentation.
- Consider consulting an immigration attorney or accredited representative, particularly when a final removal order or voluntary departure order is involved.
The final rule does not cancel or pause an underlying removal order simply because a civil penalty is disputed.
A penalty appeal and a challenge to a removal order are separate matters, so a person should not assume that filing the penalty appeal changes the immigration court deadline or removal status.
Effective date and practical impact
The final rule is effective October 14, 2026, the date of publication in the Federal Register.
It finalizes the June 27, 2025 interim framework with the limited mail-delay exception for late appeals.
For people who receive covered immigration penalties, the most immediate practical change is the shorter, DHS-only written appeal process and the need to track the 15-business-day filing window carefully.
The rule gives ICE discretion to consider documented delivery problems, but timely filing remains the safest way to preserve a challenge.
Frequently Asked Questions
When does the final immigration penalty rule take effect?
The final rule takes effect on October 14, 2026, the date it was published in the Federal Register.
How long does someone generally have to appeal a covered penalty?
A written notice of appeal generally must be postmarked within 15 business days after service of the DHS decision.
Can a late appeal be accepted because of a mail delay?
Yes. ICE may accept a late appeal when the person provides an explanation and available evidence showing that delivery delays beyond the person’s control caused the late filing.
Will the Board of Immigration Appeals review these penalties?
No. The final rule places the appeal process within DHS and removes BIA review for the covered civil penalties.
Does appealing a civil penalty stop a removal order?
Not automatically. The civil penalty appeal is separate from proceedings involving a removal order or other immigration relief, so recipients should seek legal advice about each deadline.
Fact-Checked: Checked against the Federal Register final rule published October 14, 2026, the June 27, 2025 interim rule and the cited U.S. Code provisions.
Disclaimer: This article is for general informational purposes and is not legal advice.
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