Imposition and Collection of Civil Penalties for Certain Immigration-Related Violations
Final ruleStated effective date Oct 14, 2026
The stated effective date has passed. A later rule, court order or withdrawal can change whether it still applies; check the source and any later records.
On June 27, 2025, the Departments issued an interim final rule ("IFR") to streamline assessment of civil penalties under the Immigration and Nationality Act ("INA") for aliens who fail to depart during a voluntary departure period, 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. This final rule addresses comments and finalizes the IFR with one change: it permits acceptance of a late-filed appeal based on documented mail delivery delays that ICE finds were beyond the alien's control.
Who the document names
Visa categories
Temporary Protected Status, Asylum
Where the document says this
Temporary Protected Status: “The commenter asserted that the application is not broadly accessible to all aliens subject to civil monetary penalties under the IFR but is limited to aliens who entered at or between a port of entry, those who arrived under a parole program, and those whose Temporary Protected Status had been terminated.”
Asylum: “Aliens who present themselves at a port of entry to seek asylum or other related protection are not subject to civil penalties under this rule. 3.”
A requirement the document states
“Under the IFR, an alien must file a notice of appeal within 15 business days of service of the initial decision and order. 8 CFR 281.1(e)(1).”
This list may be incomplete; the document may name others. Whether it applies to a particular person depends on facts this record does not have.
Follow and explore
From the countries and visa categories the document names.
This interim final rule ("IFR") amends existing DHS and DOJ regulations. It provides exclusive DHS procedures for the issuance of civil monetary penalties under the Immigration and Nationality Act for aliens who fail to depart voluntarily during the voluntary departure period, 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 IFR also transfers the appeals process for these penalties from DOJ's Board of Immigration Appeals to DHS.
Classified automatically; not reviewed by a person
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