The Department of Homeland Security (DHS) and the Justice Department's Executive Office for Immigration Review filed a final rule for public inspection on October 9. It is scheduled to be published in the Federal Register on October 14, 2026. It finalizes a June 27, 2025 interim rule on civil penalties, with one change.
The penalties
- Not leaving after a removal order: up to $998 for each day a person willfully fails to comply.
- Not leaving during voluntary departure: an immigration judge or the Board of Immigration Appeals sets the amount, within $1,992 to $9,970 after inflation adjustment; the general default is $3,000.
- Entering or trying to enter unlawfully: $100 to $500 per entry or attempt.
The departments say Congress set the violations and dollar ranges (which DHS has adjusted for inflation) and the rule changes only procedure. They say ICE and CBP assess the maximum authorized amount (for voluntary departure, the amount set by the immigration judge or Board, or $3,000 if the order sets none), and ICE applies the daily penalty only for the five years before the penalty decision.
Who decides, and the appeal
A DHS immigration officer issues a written decision on Form 281, "Notice of Violation and Order", stating the legal basis, amount, reasons and how to appeal. DHS may serve it in person or by regular mail; the document says that service is complete upon mailing.
An appeal must be postmarked within 15 business days of service. A supervisory officer who did not issue the decision reviews the record fresh and is to issue a final decision within 45 days. There is no appeal to the Board of Immigration Appeals; the document says a person may seek federal court review after exhausting administrative remedies. A decision not appealed on time becomes final.
The change: a late appeal that says the decision arrived late by mail must include a written explanation and any available documents showing the delay. The person may also produce contemporaneous, time-stamped evidence of depositing the mailed appeal, directly from the Postal Service or their chosen commercial carrier. If ICE finds the appeal was late because of mail delay "beyond the alien's control", it accepts the appeal as timely and considers it on the merits, deciding case by case. The regulation's text states no limit in days.
What the departments say about comments
The departments received 28 public comment submissions and say "the vast majority" opposed all or part of the interim rule. Concerns included daily penalties (the departments acknowledge sums over one million dollars in some cases), mail service, the shorter appeal period and the end of Board review. They say the rule does not authorize DHS or the Executive Office for Immigration Review to seize property, garnish wages or confiscate savings; that authority rests with the Justice Department's Civil Division or another litigating component, which must bring an action in federal court. They add that people prevailed in 25 percent of the appeals DHS had decided (no count given), and that DHS has announced it will reopen and rescind most outstanding civil penalties when a person uses the CBP Home app to depart the United States voluntarily.
Dates and limits
The effective-date line reads "[INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER]": the day it publishes, scheduled October 14. The document says the interim rule's effective date "was recently stayed", citing Maria L. v. Mullin (D. Mass.), and mentions "the entry of the stay on October 5, 2026". The court's two-page order in that case is dated September 30, 2026 and says the interim final rule "and all fines issued thereunder, are hereby STAYED pending further Order of this Court." The departments say the stay does not change their determination that the final rule can take effect immediately.