DHS and DOJ IFR Regarding Civil Penalties for Certain Immigration-Related Violations

The Department of Homeland Security (DHS) and Department of Justice (DOJ) jointly released an interim final rule (IFR) amending existing DHS and DOJ regulations. It updates procedures for DHS to issue and collect civil monetary penalties under the Immigration and Nationality Act for noncitizens who fail to depart during the voluntary departure period or after a final removal order and certain other proscribed activities, or are apprehended while “improperly” entering or attempting to enter the United States. Among other changes, the new process will eliminate the 30-day notice period before a fine is issued. The IFR also transfers the appeals process for these penalties from DOJ's Board of Immigration Appeals to DHS. Comments are due 7/28/25. (90 FR 27439, 6/27/25)

DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

8 CFR Part 281

[Docket No: ICEB–2025–0034]

RIN 1653–AA96

DEPARTMENT OF JUSTICE

Executive Office for Immigration Review

8 CFR Parts 1003 and 1280

[Dir. Order No. 01–2025]

RIN 1125–AB36

Imposition and Collection of Civil Penalties for Certain Immigration-Related Violations

AGENCY: U.S. Immigration and Customs Enforcement (‘‘ICE’’), Department of Homeland Security (‘‘DHS’’); Executive Office for Immigration Review (‘‘EOIR’’), Department of Justice (‘‘DOJ’’).

ACTION: Interim final rule; request for comment.