US Announces Rule on Fines for Immigrants Who Fail To Leave After Receiving Removal Orders

• The US Department of Homeland Security finalised a rule on October 14, 2026, updating how immigration penalties are imposed and appealed
• Fines can reach up to $998 per day for immigrants who wilfully refuse to leave after a final removal order
• The updated procedures give individuals 15 business days to appeal a penalty decision to a DHS supervisory officer

The US Department of Homeland Security (DHS) and the Department of Justice formally finalised a rule on 14 October 2026 that clarifies how civil immigration penalties are assessed and contested, with potential fines reaching nearly $1,000 per day for certain violations.

The rule, first introduced as an interim measure on 27 June 2025, does not create new penalties but overhauls the procedures governing how existing fines under the Immigration and Nationality Act are applied and how affected individuals may challenge them.

Who the rule applies to

Three categories of individuals are subject to the penalties outlined in the updated rule. The first covers those who wilfully refuse to leave the United States after receiving a final deportation order, who face fines of up to $998 per day.

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The second covers individuals who fail to depart within the time granted under a voluntary departure arrangement, who face a default penalty of $3,000, with the statutory range spanning approximately $1,992 to $9,970.

The third category covers those apprehended while illegally entering or attempting to enter the country, who face fines between $100 and $500 per entry or attempted entry.

Appeals process and key changes

Under the finalised rule, individuals who receive an initial penalty decision generally have 15 business days to file an appeal. Missing that deadline ordinarily renders the penalty decision final. Appeals are reviewed by a DHS supervisory immigration officer rather than the Board of Immigration Appeals, a procedural shift from previous arrangements.

The one substantive change introduced in the final rule, relative to the 2025 interim version, allows ICE to accept late-filed appeals where documented mail delivery delays, beyond the individual's control, can be demonstrated.

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DHS and the Department of Justice stated that the revisions are intended to simplify enforcement, reduce procedural complexity, and strengthen compliance with removal and voluntary departure orders.

US orders African TPS holders to leave country

Earlier, YEN.com.gh reported that the United States had ordered holders of Temporary Protected Status (TPS) from Ethiopia and 12 other countries to leave the country after a federal court removed the final legal barrier to their removal.

DHS General Counsel James Percival announced this on August 18, 2026, after Judge Brian Murphy lifted the stay on Ethiopia's TPS termination.

Source: YEN.com.gh