“Failure to Depart” Immigration Fines
Over the last several months an increasing number of noncitizens have received letters from the Department of Homeland Security titled “Notice of Violation and Order,” informing recipients that they must pay a fine to the U.S. government for allegedly failing to depart the U.S. after receiving a removal (deportation) order or voluntary departure. The fines imposed are massive, sometimes up to $1.8 million. For individuals and families navigating an already complex immigration system, understanding how these fines work—and what options may be available—is more important than ever.
What Are “Failure to Depart” Fines?
Under federal immigration law, DHS has authority to impose civil penalties on a person who “willfully fails or refuses” to depart after a removal order. The exact language of these laws is found in section 274D of the Immigration and Nationality Act (INA). The civil penalty for failing to depart was originally set at $500 per day, but the present-day amount has been adjusted to $998 per day to account for inflation. The statute of limitations for most federal civil offenses is 5 years, so DHS has been limiting these fines to 5 years. With a daily fine of $998, that means that over 5 years the maximum penalty would be over $1.8 million!
A Shift in Practice
Although this authority to impose civil fines has existed for years, it has not historically been widely used. However, that is now changing, and more and more noncitizens are receiving notices in the mail. What’s more, DHS codified new regulations in June 2025 that reduce procedural protections for noncitizens and make it more difficult to challenge the fines. This means that for individuals receiving notices after June 27, 2025:
* The time period to contest a fine is only 15 business days, reduced from 30 days;
* The notices of fines can be served on individuals by regular mail, instead of the prior rules requiring personal service or service by certified mail;
* Any appeal is reviewed by a supervisory immigration officer, and there is no further appeal from that officer’s decision.
What Are My Options?
If you receive a notice under INA § 274D, you have options. You may be able to:
- Argue that your failure to depart was not “willful” (for example, due to inability to travel, or pending legal proceedings);
- Challenge whether the government provided proper notice;
- Dispute errors in the calculation or timing of the fine
- Raise any pending immigration applications, motions, or stays of removal as part of your defense
Deadlines are often short, so it is critical to act quickly and consult an immigration attorney as soon as possible.
We’re Here to Support You
Policies around immigration enforcement—including the use of fines—continue to evolve. Staying informed is important, but having the right guidance is essential.
If you have questions about your case, concerns about possible fines, or are unsure about your options, our office is here to help. We can work with you to understand your situation and identify the best path forward for you and your family.
