Homeland Security Finalizes Immigration Penalties Rule

The rule finalizes an interim final rule issued on June 27, 2025, with one change, the departments said in a notice published in the Federal Register.

The change permits acceptance of a late-filed appeal based on documented mail delivery delays that ICE finds were beyond the alien’s control.

The interim rule was issued to streamline assessment of civil penalties under the Immigration and Nationality Act for aliens who fail to depart during a voluntary departure period.

It also applies to aliens who 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 rule applies to three categories of illegal aliens, including those who willfully fail or refuse to depart pursuant to a final order of removal.

It also covers aliens who voluntarily fail to depart within the time period specified pursuant to a voluntary departure order.

The third category includes aliens apprehended while entering or attempting to enter the United States unlawfully.

Prior to the interim rule, there were approximately 1.5 million aliens on ICE’s non-detained docket with final orders of removal.