U.S. Immigration and Customs Enforcement and the Justice Department’s Executive Office for Immigration Review have finalized procedures for civil immigration fines, with one change from the 2025 interim rule: ICE may now accept a late appeal when documented mail delivery delays were beyond the person’s control, according to the Federal Register notice published October 14 (91 FR 65390).
The Final ruleThe version of a federal regulation that an agency publishes in the Federal Register after reviewing public comments on a proposed rule. It sets an effective date, which generally falls at least 30 days after publication, and its text is added to the Code of Federal Regulations.See it in the glossary finalizes the interim rule issued June 27, 2025, under docket ICEB-2025-0034. It took effect on October 14, its Federal RegisterThe daily journal of the U.S. government where proposed and final rules, notices and executive orders are published.See it in the glossary publication date. The agencies received 28 comments on the interim rule.
Which fines the rule covers
The rule covers three civil penalties:
- Willful failure to depart after a removal order, under INA 274D(a)(1).
- Failure to comply with a Voluntary departurePermission to leave the United States within a set period, at the person's own expense, instead of being ordered removed. Immigration judges and DHS can grant it, and the person must leave by the deadline the grant sets.See it in the glossary order, under INA 240B(d)(1)(A) and (B).
- Unlawful entry or attempted entry, under INA 275(b)(1).
How the fine process works
The rule moves the process for these penalties into 8 CFR part 281, replacing the older 8 CFR part 280 process. A DHS officer issues a written decision and order, not a notice of intent to fine.
A person can appeal within 15 business days of service using Form 281. A supervisory officer who did not issue the original decision reviews the appeal from the start, based on the written record. The rule does not provide in-person interviews. A final decision is due within 45 days.
That decision is the final agency action. It cannot be appealed to the Board of Immigration Appeals (BIA)The administrative body within the Department of Justice that hears appeals from immigration judges and certain USCIS decisions.See it in the glossary, which no longer reviews these DHS-imposed penalties. DHS can reopen a decision on its own to reduce or rescind a fine.
What changed: late appeals for mail delays
The final rule permits ICE to accept a late-filed appeal based on documented mail delivery delays beyond the person’s control. ICE decides whether the delay qualifies. The rule says a person needs documented evidence of the delay.
Evidence the rule describes
On appeal, a person may file a written defense and supporting evidence, and a supervisory officer may ask for more briefing or documents due within 15 days. For unlawful entry, DHS relies on a Form I-213 record of apprehension as sufficient evidence. For failure to depart, DHS relies on its records and the person’s continued presence, and the person must present evidence showing they are not liable.
The rule comes shortly after a federal judge acted on a separate challenge, which we covered when a judge blocked ICE fines totaling $1.8 million. For background on the court notices that can start these cases, see what immigration court notices mean.