DHS and DOJ Finalize Rule Allowing Civil Fines for Immigration Violations

A joint final rule from the Department of Homeland Security (DHS) and the Department of Justice (DOJ) took effect on October 14, 2026, allowing U.S. Immigration and Customs Enforcement (ICE) to impose civil monetary penalties for certain immigration violations. The rule maintains a shortened appeal deadline but introduces a limited exception for late appeals caused by documented mail delivery delays.

Who Can Face Civil Penalties?

The rule covers three categories of immigration violations under the Immigration and Nationality Act:

• Failure to leave by voluntary departure deadline: Individuals who fail to depart within the period granted by an immigration judge may face civil penalties.

• Failure to comply with a final removal order: Individuals who willfully fail or refuse to depart after a final removal order may face daily penalties.

• Improper entry or attempted entry: Individuals apprehended entering or attempting to enter the United States unlawfully may face civil fines under applicable law.

The amount of a penalty depends on the applicable statute and the circumstances of the violation.

Appeals Must Be Filed Within 15 Business Days

Under the rule, ICE can issue a formal Decision and Order imposing a civil penalty. The notice may be delivered by regular first-class mail, and recipients generally have 15 business days from the date of mailing to appeal.

Appeals are reviewed through ICE's administrative process rather than by the Board of Immigration Appeals. Missing the deadline can jeopardize the recipient's ability to challenge the penalty.

Exception for Documented Mail Delays

The final rule introduces an important change to the previous interim rule. ICE may now accept a late appeal if the recipient demonstrates that mail delivery problems beyond their control prevented a timely filing.

Anyone seeking this exception should preserve evidence of the delay, such as USPS tracking records, delivery information or other reliable documentation. Acceptance is not automatic. ICE must determine whether the circumstances justify the late filing.

A timely appeal, including a late appeal accepted under this exception, suspends penalty collection while the administrative review is pending.

What Should You Do If You Receive a Penalty Notice?

Do not ignore correspondence from ICE. If you receive a civil penalty notice:

• Check the mailing date and calculate the 15-business-day appeal deadline.

• Keep the notice, envelope and any related government correspondence.

• Preserve evidence of postal delays if the notice arrived late.

• Seek legal advice promptly to understand if you have a basis to appeal the penalty and file the appeal before the deadline.

The rule took effect on October 14, 2026. Because the appeal period is short, waiting to respond can limit your ability to challenge a penalty.

If you have questions about an immigration-related penalty or removal order, contact Tran Flores Law at (512) 894-9984 to discuss your situation and available options.