⚖️New DHS Civil Penalties Framework for Immigration Violations
Imposition and Collection of Civil Penalties for Certain Immigration-Related Violations
Summary
This interim final rule ("IFR") amends existing DHS and DOJ regulations. It provides exclusive DHS procedures for the issuance of 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 and certain other proscribed activities, or are apprehended while improperly entering or attempting to enter the United States. The IFR also transfers the appeals process for these penalties from DOJ's Board of Immigration Appeals to DHS.
Agencies
- Homeland Security Department
- Justice Department
- U.S. Immigration and Customs Enforcement
- Executive Office for Immigration Review
Business Impact
$$$ - High
The new IFR mandates exclusive DHS procedures for civil penalties related to immigration violations, impacting businesses that employ non-compliant aliens. Non-compliance could lead to substantial civil monetary penalties, which businesses must be aware of to risk financial implications.