On June 27, 2025, Immigration and Customs Enforcement (ICE) published a new interim final rule adding civil monetary penalties for certain immigration-related violations, including unlawful entry and failure to depart after a removal order.
The bottom line:
- The rule is intended to enable the Department of Homeland Security (DHS) to impose stricter penalties more quickly. ICE will be able to serve immigrants with penalties via routine mail rather than certified mail, and appeals will be handled by DHS rather than the Department of Justice.
- Monetary penalties for failing to voluntarily depart range between $1,992 and $9,970 and up to $1,000 per day for those who do not comply with a removal order.
- Unlawful entry penalties range from $100 to $500 for each entry. Those fines can now be issued immediately to immigrants.
- Under the previous policy, the government was required to notify immigrants 30 days in advance of issuing fines.
- Because the regulation was issued as an interim final rule, it will take effect without a public comment period.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.
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