A new push by the Trump administration could result in steep financial penalties for the 1.4 million migrants in the U.S. who are under final deportation orders. If the plan moves forward, individuals who fail to leave the country could be fined up to $998 per day, with possible asset seizures for those who don't pay.
A Rarely Used Law Resurfaces
The fines are tied to a 1996 immigration law, which gives the government authority to penalize migrants who ignore deportation orders. According to Reuters, this law was used sparingly in the past. In fact, it was first enforced in 2018 during President Donald Trump's first term.
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Now, the Trump administration is looking to reintroduce the fines — and potentially apply them retroactively up to five years. For some migrants, that could mean owing more than $1 million in penalties, a senior Trump official told Reuters.
DHS: "Self-Deport and Leave the Country Now"
The Department of Homeland Security has made its stance clear. Migrants with deportation orders are being urged to leave voluntarily using the U.S. Customs and Border Protection Home app. "Illegal aliens should use the CBP Home app to self-deport and leave the country now," DHS Assistant Secretary Tricia McLaughlin told Fox News. "If they don't, they will face the consequences."
Those consequences include the fine of $998 per day for every day the migrant remains in the country after a final removal order, according to statements made to both Fox News and Reuters.
Property Seizures and Legal Challenges
Emails reviewed by Reuters show the Trump administration is also weighing property seizures for migrants who don't pay the fines. The Department of Justice's civil asset forfeiture division may be involved.
That move has raised legal and logistical questions. In some cases, property seizures could affect U.S. citizens or permanent residents who live in the same household. There are currently an estimated 4 million mixed-status families in the U.S, and approximately 8.5 million U.S. citizens with undocumented family members could be impacted, according to the American Immigration Council.
Implementing the Plan Could Be Costly
While the fines could generate large sums on paper, actually collecting them may be more complicated. According to a CBP memo reviewed by Reuters, the agency would need to hire at least 1,000 new paralegal specialists — up from its current staffing of 313 — just to manage the system.
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The memo also suggested that Immigration and Customs Enforcement, rather than CBP, might be better equipped to carry out the fines and seizures. There's currently no set start date for the implementation.
Potential Impact on Families and Communities
Many of the targeted individuals have been in the U.S. for years, with jobs, families, and ties to their communities. The Migration Policy Institute estimates that about 26% of unauthorized immigrant households live below the federal poverty line, making it unlikely they could afford such high penalties.
Although the Biden administration rescinded similar fines in 2021, the Trump administration has made immigration enforcement a key focus, using existing laws to ramp up pressure on migrants.
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