The Trump administration has dramatically expanded its use of civil financial penalties against immigrants, issuing more than 103,000 fines totaling more than $84 billion to immigrants for immigration-related violations, including failure to depart after receiving final removal orders. The expansion includes new statutory fee floors and collection mechanisms that practitioners advising clients with final removal orders need to understand.
What changed
The failure-to-depart fine authority, dormant for decades, was first used during President Donald Trump’s first administration, revoked under the Biden administration and revived after Trump returned to office. The current fine structure imposes daily penalties against immigrants who remain in the United States after final removal orders become effective.
Congress has also stepped in. Congress expanded the government’s financial enforcement tools in the 119th Congress, establishing a $5,000 minimum fee in July 2025 for immigrants ordered removed in absentia who are subsequently arrested by Immigration and Customs Enforcement, effective Sept.
The administration is now pursuing multiple collection mechanisms. DHS is pursuing additional collection tools, including wage garnishment, tax refund offsets and property seizures, while treating unpaid fines as a discretionary consideration in immigration benefit applications.
However, the administration is also offering an off-ramp. DHS is offering to forgive failure-to-depart fines for eligible immigrants who voluntarily leave through CBP Home.
Why it matters
The collection rate tells the real story: DHS has reportedly collected only $1.2 million of the more than $84 billion in fines issued. This vast gap between assessed and collected amounts suggests that these fines function more as a deterrent—and a legal liability—than a revenue tool.
For practitioners, the critical takeaway is that unpaid failure-to-depart fines now factor into immigration benefit adjudication. Clients with final removal orders who are considering any benefit application (cancellation of removal, stays, reopening, or future family-based petitions) face potential adverse discretionary determinations based on accumulated fine debt, even if the fines will never be collected.
Additionally, wage garnishment and tax offset authorities create new collection pressure on clients who remain in the country or attempt to regularize status later.
Way forward
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Advise clients on the carrot-and-stick structure. Clients with final removal orders should understand that voluntary departure through CBP Home cancels the accruing fine liability, but remaining in the country extends exposure daily.
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Document financial obligation in any benefit application. If a client is pursuing any immigration remedy (cancellation, motion to reopen, etc.), proactively disclose the fine status and argue, where applicable, that the client’s compliance efforts or family circumstances warrant favorable exercise of discretion despite the debt.
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Explore mandatory minimum fee exposure. If a client is subject to removal in absentia and has not yet been arrested, confirm whether the $5,000 minimum fee applies and advise on the consequences if arrest occurs.
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Monitor collection enforcement. Stay alert to IRS offset and wage garnishment notices, which may signal that DHS is escalating collection efforts against a particular client.
Disclaimer
Fola Editorial is a plain-English policy platform, not a law firm. Nothing in this article constitutes legal advice. Always verify the information and analysis herein against the primary source linked above and consult a licensed immigration attorney for advice specific to your case. Immigration policy changes frequently and without notice; you are responsible for confirming that any guidance here reflects the current law at the time you rely on it.