Immigration fines can create immediate fear, especially when a government notice claims that someone owes hundreds of thousands or even millions of dollars.
Receiving a fine notice does not mean you should ignore it, assume the amount is correct, immediately make a payment, or make a rushed decision about leaving the United States.
In a recent interview for the Spanish-language segment Inmigración, Tus Derechos, immigration attorney Haim Vasquez discussed who may receive these fines, how quickly they can add up, and what to do after receiving a notice.
The immigration fine process has changed significantly since 2025, including how certain penalties are issued and appealed. Deadlines can be short, and the fine may be connected to an older removal order that also needs to be reviewed.
To hear Attorney Haim Vasquez discuss this issue directly, watch the full interview on the Haim Vasquez Legal Group YouTube channel. You can also follow the firm on Facebook and Instagram for additional immigration updates in English and Spanish.
What Are Immigration Fines?
Immigration fines are civil financial penalties that the Department of Homeland Security, or DHS, may impose for certain violations of federal immigration law.
The legal authority for some of these penalties has existed for decades. What has changed is how aggressively certain penalties are being used and the procedures DHS now follows when imposing and reviewing them.
The legal authority for some of these penalties has existed since 1996. However, the government has changed how the penalties are enforced and how individuals can challenge them.
Current federal procedures cover penalties involving:
- Failure to leave during a voluntary departure period
- Willful failure or refusal to leave after a final removal order
- Failure to apply for required travel documents
- Failure to appear at the time and place designated for removal
- Certain actions that delay or prevent removal
- Certain unlawful entries or attempted entries into the United States
A DHS decision imposing a civil monetary penalty should identify the legal basis for the fine, the amount being assessed, and the reason the government says the penalty applies.
The exact language of the notice matters.
Who May Receive Immigration Fines?
Immigration fines are not automatically imposed on every undocumented immigrant. Many of the large penalties receiving attention involve individuals who already have a final order of removal and whom DHS alleges willfully failed or refused to leave the United States as required.
Penalties can also apply in other situations.
For example, someone who received voluntary departure but failed to leave within the required period may face separate consequences. Federal law also authorizes civil penalties for certain improper entries or attempted entries. Because different statutes authorize different penalties, the first step is identifying exactly what law DHS says was violated.
Penalties may also apply to someone who received voluntary departure but did not leave within the period authorized by the immigration judge.
DHS may impose a separate civil penalty on certain individuals encountered while unlawfully entering or attempting to enter the United States. The exact legal basis should be listed in the decision received from DHS.
Do not assume the government’s calculation is correct without reviewing:
- The date the removal order was entered
- Whether the order became final
- Whether the person received notice
- Whether an appeal or motion was pending
- Whether the required warnings were given
- How DHS calculated the number of days
- Whether the person was legally or physically unable to depart
How Can Immigration Fines Become So Large?
For certain people subject to final removal orders, federal law authorizes a civil penalty for each day the person willfully fails or refuses to depart.
As of September 2026, the current regulation lists a maximum civil penalty of $998 per day for failure to depart.
Because the penalty can accumulate daily, the amount can become extremely large.
On July 23, 2026, DHS announced that it had issued more than 103,000 civil fines totaling approximately $84 billion since the beginning of the current administration. Those figures refer to penalties assessed, not necessarily money already collected.
A fine reaching six or seven figures can be frightening, but the size of the number does not eliminate the need to review whether the legal requirements were satisfied.
Why Does the Word “Willfully” Matter?
The federal statute governing failure-to-depart penalties does not simply say that someone who remains in the United States after a final removal order automatically owes the maximum daily fine.
The statute addresses a person who willfully fails or refuses to depart or comply with certain requirements connected to removal.
That distinction has become important in current litigation.
On September 1, 2026, a federal district court issued a preliminary injunction in one individual’s case involving a $1.8 million civil penalty. The court concluded at that stage of the litigation that DHS had failed to adequately address whether the individual’s failure to depart was willful.
That ruling involved one plaintiff and should not be understood as automatically cancelling immigration fines nationwide.
It does show why the individual circumstances behind an alleged failure to depart may matter.
Relevant evidence may involve:
- Whether the person understood that a final order existed
- Whether the person understood the obligation to depart
- Whether removal was legally stayed
- Whether the person was physically able to leave
- Whether travel documents could be obtained
- Whether another legal proceeding affected execution of the order
- Other facts connected to the alleged failure or refusal to depart
An immigration fine should therefore be reviewed together with the underlying immigration record.
What Is a Final Removal Order?
A final removal order generally means that the immigration case has reached a stage where the removal order is legally final and may be executable unless another legal protection or stay applies. An immigration judge’s removal decision may become final when the time for appeal expires without an appeal.
A removal order can also become final after the Board of Immigration Appeals decides an appeal.
Some people discover an old removal order only after receiving an ICE or DHS notice.
Some people do not realize that they have an old removal order. This can happen when:
- They missed an immigration court hearing
- Notices were mailed to an outdated address
- They did not understand the judge’s decision
- A former representative did not explain the result
- They believed another application stopped the order
- They did not know they were required to leave
An old removal order should be reviewed carefully. The date and circumstances of the order may affect both the immigration case and any immigration fines imposed by DHS.
What If You Missed Immigration Court?
Some final removal orders were entered in absentia, meaning the immigration judge ordered removal after the person failed to appear.
That raises a separate immigration issue from the financial penalty.
Depending on the circumstances, it may be necessary to review:
- How hearing notice was provided
- What address the immigration court had
- Whether an address change was submitted
- Why the hearing was missed
- Whether a motion to reopen may be available
Challenging an immigration fine is not the same as reopening the removal order.
Both issues may need to be addressed separately.
Can You Appeal Immigration Fines?
Yes. Certain immigration fine decisions can be challenged through a written administrative appeal.
For penalties initiated under the procedures that took effect on June 27, 2025, the written notice of appeal generally must be postmarked within 15 business days from the date the decision was served. The current regulation also states that this appeal period cannot be extended. That is a very short deadline. The appeal should follow the instructions and address provided in the DHS decision.
The appeal must be filed according to the instructions and address listed in the decision.
A person may submit:
- A written legal or factual defense
- Documentary evidence
- Records challenging the government’s allegations
- Evidence relevant to whether the failure to depart was willful
- Evidence explaining why departure was not possible
- Documentation of an appeal or stay
- Records showing another immigration proceeding was pending
- Evidence showing an incorrect calculation
If the appeal deadline is missed, the government’s decision may become final.
Who Reviews an Immigration Fine Appeal?
Under the procedures applicable to penalties imposed on or after June 27, 2025, the appeal generally does not go to the immigration judge or the Board of Immigration Appeals.
Instead, it is reviewed by a supervisory DHS immigration officer who was not the officer who issued the original decision.
The regulation provides for review of the written record and allows the reviewing officer to request additional information. The decision on the administrative appeal constitutes final agency action under the current procedure.
Notices issued under the older system may follow different procedures.
Always review:
- The date of the notice
- The title of the document
- The statutory citation
- The appeal instructions
- The address for filing
- The deadline
Do not rely on appeal instructions from another person’s immigration fine.
Possible Defenses to Immigration Fines
Whether a fine can be successfully challenged depends on the legal basis for the penalty and the individual’s immigration history.
There is no universal defense.
Several issues may need to be investigated.
Whether the Alleged Failure to Depart Was Willful
For penalties under INA Section 274D involving failure to depart, the statute expressly refers to willful failure or refusal.
That makes the circumstances surrounding the person’s failure to leave potentially important.
A complete analysis may require reviewing immigration orders, stays, appeals, communications, attempts to obtain travel documents, and the person’s ability to depart.
The Person Did Not Receive Notice
Someone may not have understood that a removal order existed because notices were sent to an old address or because of another issue involving the immigration court record.
Relevant documents can include:
- Hearing notices
- Address-change forms
- Mailing records
- The immigration court file
- Removal orders
- Communications with a former attorney or representative
Failure to receive notice does not automatically cancel immigration fines, but it may be important when evaluating whether the alleged failure to depart was willful.
The Required Warnings Should Be Reviewed
Depending on the type of immigration proceeding and penalty involved, the court record may contain warnings about the consequences of failing to depart.
During his interview, Attorney Haim Vasquez explained that some older immigration records should be reviewed carefully to determine what information and warnings were actually provided.
The correct approach is to examine the record rather than assume what occurred years ago.
The Person Could Not Leave
Circumstances outside someone’s control may be relevant to the government’s allegation that a failure to depart was willful.
Examples may include:
- Hospitalization
- Incarceration
- A serious physical condition
- Inability to obtain a passport
- A foreign government’s refusal to issue travel documents
- A valid stay preventing removal
- Other circumstances that made departure impossible
Supporting documentation might include medical records, jail records, passport applications, communications with an embassy or consulate, immigration orders, or travel-document requests.
An Appeal or Stay Was in Effect
The case should also be reviewed to determine whether an appeal, stay of removal, or another proceeding affected whether the removal order could lawfully be executed at the time DHS says the violation occurred.
Filing an immigration application or motion does not automatically stop removal in every situation.
The legal effect depends on the filing and whether an automatic or separately granted stay applied.
What Should You Do After Receiving an Immigration Fine Notice?
The most important step is to avoid ignoring the notice.
Check the Deadline Immediately
Review the date of service and the instructions for appealing. The current process may provide only 15 business days.
Waiting until the final days can make it difficult to obtain the immigration record, locate evidence, and prepare a complete response.
Keep the Envelope and Every Page
The envelope may provide evidence of when the decision was mailed or delivered. Keep all pages, attachments, payment instructions, and appeal forms together.
Preserve:
- The envelope
- Fine decision
- Attachments
- Payment instructions
- Appeal instructions
- Any DHS or ICE correspondence
The mailing and delivery information may become relevant.
Do Not Send an Improvised Explanation
A rushed response may leave out important facts or include statements that affect other parts of the person’s immigration case.
Before responding to immigration fines, review the notice together with:
- The removal order
- Immigration court decisions
- Board of Immigration Appeals decisions
- Hearing notices
- Prior applications and petitions
- Entry and departure records
- ICE or DHS correspondence
- Any motions previously filed
Gather Supporting Evidence
Useful evidence may include medical records, court documents, jail records, proof of address, passport requests, travel-document applications, and communications with a consulate or embassy.
Potential evidence may include:
- Medical records
- Court documents
- Jail records
- Proof of address
- Passport applications
- Travel-document requests
- Consular communications
- Prior appeal records
- Immigration court documents
What matters will depend on the government’s allegation.
Contact an Immigration Attorney
An attorney can review the notice, identify the appeal deadline, examine the removal order, and determine whether evidence supports a challenge.
Have you received a notice of immigration fines? Contact Haim Vasquez Legal Group promptly at (214) 833-3277 to discuss the document and the deadline listed in your notice.
Can the Government Garnish Wages or Take Property?
Receiving a fine notice does not necessarily mean the government can immediately take a home, vehicle, or paycheck.
The penalty generally must first become a final federal debt. If the debt becomes delinquent, it may be referred for federal collection efforts.
Federal debt collection methods may include:
- Collection letters and phone calls
- Referral to a private collection agency
- Offsetting certain federal payments
- Administrative wage garnishment
- Other civil collection procedures
Administrative wage garnishment may permit a federal agency to direct a private employer to withhold up to 15 percent of a person’s disposable income for a delinquent federal non-tax debt. A court order is not necessarily required, although the debtor has certain notice and hearing rights.
The government’s available collection methods depend on whether the decision is final, whether the debt is delinquent, and what notices have been issued.
What If You Cannot Pay the Immigration Fine?
An inability to pay does not automatically cancel immigration fines.
It also does not mean that leaving the United States is the person’s only option. Departing may create separate immigration consequences, including reentry bars, execution of a removal order, and difficulty returning legally.
Before deciding how to respond, the person should understand:
- Whether the fine can be appealed
- Whether the amount was calculated correctly
- Whether the removal order has legal or procedural issues
- Whether a motion involving the immigration case is available
- What may happen if the person leaves
- What may happen if the person remains
- Whether collection actions could affect wages or property
The government’s ability to collect and the person’s immigration options are separate issues that may need to be addressed at the same time.
Does Leaving the United States Cancel Immigration Fines?
Not automatically.
DHS announced a policy in June 2025 stating that certain civil fines or penalties for failure to depart would be forgiven for individuals who complete voluntary self-departure using the CBP Home process.
That policy should not be confused with a general rule that physically leaving the United States automatically erases every immigration penalty.
More importantly, departure itself can create serious immigration consequences.
Leaving may affect:
- A final removal order
- Unlawful-presence bars
- Future admissibility
- Ability to return to the United States
- Pending immigration applications
- Prior immigration violations
- Family-based immigration options
Before using a government application, reporting an intention to leave, or departing the United States, speak with an immigration attorney about the possible consequences.
Appealing a Fine Is Not the Same as Reopening a Case
Appealing immigration fines and asking the immigration court to reopen a removal case are separate legal processes.
An administrative appeal of an immigration fine challenges the financial penalty imposed by DHS. A motion to reopen asks the immigration court or Board of Immigration Appeals to review the underlying immigration case again.
Appealing the fine does not automatically reopen the removal order. Filing a motion to reopen also does not automatically extend the deadline to appeal the fine.
Depending on the circumstances, both matters may need immediate attention.
Why Current Immigration Fine Cases Need Individual Review
Immigration fine enforcement remains an active and developing area of law.
Federal courts are currently reviewing disputes involving the government’s fine procedures and how the statutory requirements should be applied.
For example, in September 2026, a federal court granted a preliminary injunction preventing collection of one individual’s $1.8 million penalty while her legal challenge proceeds. Among the issues identified by the court was whether DHS sufficiently addressed the statutory requirement of willfulness.
That decision does not automatically invalidate other fines.
It reinforces why someone receiving a large penalty should have the specific notice and immigration record reviewed instead of assuming that every fine is valid or every fine is invalid.
Stay Informed Through Our Social Media
Immigration policies and enforcement procedures can change quickly. Educational videos can help families recognize an issue and understand when they may need legal guidance.
For additional information:
- Watch Attorney Haim Vasquez’s full interview on the Haim Vasquez Legal Group YouTube channel
- Follow Haim Vasquez Legal Group on Facebook for immigration updates
- Follow the firm on Instagram for short educational videos in English and Spanish
- Share the interview with someone who has received correspondence from DHS or ICE
Social media provides general education, but it cannot replace a legal review of a specific notice or immigration record.
Why Current Immigration Fine Cases Need Individual Review
Immigration fine enforcement remains an active and developing area of law.
Federal courts are currently reviewing disputes involving the government’s fine procedures and how the statutory requirements should be applied.
For example, in September 2026, a federal court granted a preliminary injunction preventing collection of one individual’s $1.8 million penalty while her legal challenge proceeds. Among the issues identified by the court was whether DHS sufficiently addressed the statutory requirement of willfulness.
That decision does not automatically invalidate other fines.
It reinforces why someone receiving a large penalty should have the specific notice and immigration record reviewed instead of assuming that every fine is valid or every fine is invalid.
How Haim Vasquez Legal Group Can Help
Haim Vasquez Legal Group helps individuals and families navigate complex immigration issues involving removal orders, immigration court proceedings, ICE enforcement, and civil immigration penalties.
Our legal team can help:
- Review a decision imposing immigration fines
- Identify the applicable appeal deadline
- Analyze the underlying removal order
- Examine previous immigration proceedings
- Review whether a stay or appeal affected the case
- Evaluate possible defenses
- Prepare a written administrative appeal when appropriate
- Determine whether the underlying immigration case may require additional action
- Explain the potential consequences of leaving or remaining in the United States
Attorney Haim Vasquez brings experience as an immigration attorney, an immigrant himself, and a former Assistant District Attorney. Our bilingual team provides guidance in English and Spanish.
Received an Immigration Fine? Review It Before the Deadline
A notice claiming that you owe hundreds of thousands or even millions of dollars can be overwhelming.
Do not let the amount on the page prevent you from examining the underlying case.
Review the notice, preserve every document, confirm the deadline, and determine whether the government’s allegations and calculations should be challenged before submitting a response, making a payment, or deciding to leave the United States.
Haim Vasquez Legal Group can review the immigration fine together with the underlying removal history so you understand both the financial issue and the immigration consequences.
Legal Disclaimer: This content is provided for informational and educational purposes only. It does not constitute legal advice or create an attorney-client relationship. Immigration laws, enforcement policies, and procedures may change. Speak with an immigration attorney about the specific facts of your case.
Can every undocumented immigrant receive a million-dollar fine?
No. Immigration fines depend on a specific legal basis. Large daily penalties receiving attention in 2026 primarily involve individuals whom DHS alleges willfully failed or refused to depart after a final removal order.
How much can a failure-to-depart immigration fine be?
As of September 2026, the regulation provides for a civil penalty of up to $998 per day for a violation of the failure-to-depart provision.
How long do I have to appeal an immigration fine?
For many penalties imposed under the procedures effective June 27, 2025, a written notice of appeal generally must be postmarked within 15 business days from the date of service. Follow the instructions in your specific notice.
Is an immigration fine appeal filed with an immigration judge?
Under the current procedure for covered penalties imposed on or after June 27, 2025, the administrative appeal is generally reviewed within DHS by a supervisory immigration officer rather than an immigration judge or the BIA.
Can I argue that I did not willfully refuse to leave?
The statute governing certain failure-to-depart penalties expressly uses the term “willfully.” Whether that requirement has been satisfied can depend on the facts and evidence in the particular case. A September 2026 federal court decision emphasized this issue in one plaintiff’s challenge to a $1.8 million fine.
What happens if I ignore an immigration fine?
If the decision becomes final, the debt may be subject to federal collection efforts. Ignoring the notice may also cause you to lose a short administrative appeal deadline.
Does using CBP Home erase every immigration consequence?
No. DHS has announced forgiveness of certain failure-to-depart fines connected to completed self-departure through CBP Home, but departure can have separate immigration consequences involving removal orders, unlawful presence, admissibility, and future immigration options.
