DHS Grabs Control of Immigration Violation Fines from Justice Department
Published Date: 6/27/2025
Rule
Summary
This new rule changes how civil fines are handled for people who don’t leave the U.S. when they’re supposed to or try to enter illegally. Now, the Department of Homeland Security (DHS) will be in charge of issuing fines and handling appeals, instead of the Justice Department. These changes start right away and could mean quicker decisions and clearer rules for those involved.
Analyzed Economic Effects
2 provisions identified: 0 benefits, 2 costs, 0 mixed.
DHS Now Issues Civil Fines
The rule gives the Department of Homeland Security (DHS) exclusive authority to issue civil monetary penalties under the Immigration and Nationality Act for aliens who fail to depart voluntarily during the voluntary departure period, willfully fail or refuse to depart after a final removal order, engage in certain other proscribed activities, or are apprehended while improperly entering or attempting to enter the United States. This is an interim final rule and the change takes effect immediately.
Appeals Moved from DOJ to DHS
The rule transfers the appeals process for these civil monetary penalties from the Department of Justice's Board of Immigration Appeals to the Department of Homeland Security (DHS). The change is part of the same interim final rule and is effective immediately.
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