On June 27, 2025, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) published an interim final rule in the federal register. It establishes streamlined procedures for imposing civil monetary penalties on foreign nationals who violate U.S. immigration laws. This new framework marks a significant shift in how penalties are assessed for unlawful entry and failure to depart following a removal or voluntary departure order.
Who Does This Affect?
The rule targets individuals who:
- Enter or attempt to enter the U.S. unlawfully;
- Fail to depart the U.S. after a voluntary departure order;
- Willfully refuse to comply with a final order of removal;
- Fail to appear for removal or obtain travel documents necessary for departure.
Civil penalties in these cases may range from $100 to $9,970 depending on the violation and whether it’s a repeat offense, with daily fines applicable in some instances.
What Changed?
Previously, appeals of these penalties went through the DOJ’s Board of Immigration Appeals (BIA), and service of penalty notices required certified mail or personal delivery. The new rule simplifies and expedites this process:
- Appeals are now handled within DHS, cutting processing time dramatically.
- Service of notices can be done by regular mail, relying on the alien’s obligation to keep their address current with DHS.
- No in-person interview is required—all challenges to penalties are handled in writing.
- The response time for appeals has been shortened from 30 to 15 business days.
These streamlined procedures are designed to support DHS’s objective of imposing more civil penalties more efficiently and at scale.
Why Now?
The rule comes amid a broader initiative by the current Administration to deter unlawful immigration and enforce compliance with removal orders. According to DHS, more than 90% of removal orders issued in FY 2024 remain unexecuted. By simplifying enforcement mechanisms, DHS aims to:
- Enhance deterrence against future unauthorized entries;
- Incentivize voluntary compliance with removal or departure orders;
- Reduce the administrative burden of immigration enforcement;
- Support U.S. foreign policy by demonstrating a commitment to immigration law compliance in bilateral negotiations.
Special Incentives for Voluntary Departure
Notably, DHS is also offering incentives for those who self-deport. Through the CBP Home app, aliens can register their intent to depart and may qualify for:
- Financial assistance for travel documents;
- A $1,000 stipend upon verified departure;
- Cancellation of outstanding civil fines.
What Should Foreign Nationals Know?
This new rule underscores the importance of maintaining lawful status and complying with departure obligations. Immigration courts and officers now have stronger tools to penalize non-compliance—tools that operate on a faster timeline and with fewer procedural delays.
Foreign nationals facing removal proceedings or who have missed departure deadlines should consult a qualified immigration attorney immediately to evaluate options and avoid substantial penalties.
If you need assistance navigating your legal obligations or responding to civil penalty notices, Ahluwalia Law Offices is here to help. We offer expert representation across removal defense, voluntary departure, and all related immigration matters.
