EOIR Policy Memo Regarding Civil Penalties for Certain Immigration-Related Violations

Executive Office for Immigration Review (EOIR) Acting Director Sirce E. Owenreleased a policy memorandum to provide guidance on the joint Department of Homeland Security (DHS) and Department of Justice (DOJ) interim final rule, “Imposition and Collection of Civil Penalties for Certain Immigration-Related Violations” as it relates to EOIR operations.

Fines imposed under the rule will no longer be subject to appellate review by the Board of Immigration Appeals (BIA). The memorandum clarifies that the appellate process before the Board of Immigration Appeals for civil penalties imposed under INA § 273, 8 U.S.C. § 1323—primarily relating to carrier violations— remains unchanged.