Civil Penalty Notices for Failure to Depart the United States After a Removal Order
The government has long held the power to impose civil penalties in immigration cases. But in June, 2025 a new rule was implemented that essentially made these civil penalties easier to impose. Many immigrants are now receiving letters from immigration agencies demanding large amounts of money for allegedly failing to leave the United States after a removal order. These notices are often called “civil penalty” or “failure to depart” notices. The fines may total thousands of dollars, but many people are seeing fines of nearly 2 million dollars being imposed. Based on the limited information we have at this time, the Department of Homeland Security says it will coordinate with the Department of the Treasury to collect the fines, and collection may include “the garnishment of wages; and the confiscation of savings and personal property, including homes and vehicles.” Presidential Proclamation 10935, 90 Fed Reg. 20357 (May 9, 2025).
Who Is Most Likely to Receive These Civil Penalty Letters?
People with an old deportation or removal order who have stayed remained in the United States;
People who missed immigration court hearings and were ordered removed “in absentia”;
People who were granted voluntary departure but stayed past the deadline.
Many people who have old removal orders may have an immigration application pending, despite the old removal order. Even these individuals are sometimes now receiving the civil penalty letters.
The Response Deadline Is Very Short
There is a very short timeline to respond to the civil penalty notice. We recommend that you keep the envelope the civil penalty notice arrived in, in case the post marked date is much later than the date posted on the letter.
If You’ve Received a Civil Penalty Letter, Consider Taking These Steps:
Get in touch with an immigration attorney who can assess the your eligibility to challenge the penalty notice;
Gather immigration documents, including immigration court decision, notices from ICE or DHS, proof of recent filings or appeals, and documentation of attending check in appointments;
Gather other documents that may explain why you did not leave the United States, despite having a removal order. For example, records of hospitalization, incarceration, or lack of travel documents may all be relevant.
Because these civil penalty letters are a fairly recent development, we have more questions than answers about their enforcement and impact. The most important thing is to act quickly, preserve documents, and obtain individualized legal advice before the response deadline expires.