The rule targets three groups: immigrants who willfully fail or refuse to depart after a final removal order; those who fail to depart within the time period specified in a voluntary departure order; and those apprehended while entering or attempting to enter the country unlawfully. The agencies say the change is necessary because roughly 1.5 million immigrants on ICE's non-detained docket have final removal orders but remain in the United States. In fiscal year 2024 alone, the Executive Office for Immigration Review issued more than 282,000 final removal orders, but only about 10 percent were executed. For voluntary departure orders, the compliance rate was roughly 50 percent. In the third quarter of fiscal year 2026, there were over 3.4 million pending Immigration Court cases.
The rule emerged from Executive Order 14159, issued by President Trump on January 20, 2025, which directed DHS to "take all appropriate action to ensure the assessment and collection of all fines and penalties" from immigrants unlawfully present in the country. The interim final rule was issued on June 27, 2025, and this October 14 version addresses public comments with one substantive change: it now permits acceptance of a late-filed appeal if the immigrant can document mail delivery delays that ICE determines were beyond their control.
The rule applies only to immigrants with a "final executable removal order"—meaning there is no legal barrier to their removal. DHS will not impose penalties on immigrants who have a stay of removal, Temporary Protected Status, withholding of removal, protection under the Convention Against Torture when no alternative country of removal is available, or an approved grant of deferred action. For immigrants with Convention Against Torture protection but for whom an alternative country of removal exists, the final order of removal may still be executable to that alternative country.
The agencies emphasize that immigrants subject to final removal orders remain legally obligated to comply with Immigration Court orders regardless of prior DHS policies that did not prioritize all such cases for enforcement. An Immigration Court's order of removal, unless reversed or vacated on appeal, is binding on all parties, including immigrants. The rule is framed as addressing what the agencies call a pattern of large-scale noncompliance that "risks further encouraging aliens to disregard such orders under the belief that they can remain in the United States without consequence. Such noncompliance, the agencies argue, "undermines the integrity of the immigration system, weakens the authority of Immigration Courts, and raises fairness concerns for aliens who do comply with removal and departure requirements."
The rule implements Section 8 of Executive Order 14159, which directed the Secretary of Homeland Security, in coordination with the Secretary of the Treasury, to ensure assessment and collection of penalties from immigrants unlawfully present. It also supports Section 12 of the same order, which directs DHS, in coordination with the Secretary of State and the Attorney General, to "take all appropriate action to adopt policies and procedures to encourage aliens unlawfully in the United States to voluntarily depart as soon as possible, including through enhanced usage of the provisions of section 240B of the INA."
For immigrants who wish to challenge a penalty, the rule now allows late appeals if they can show documented mail delivery problems that ICE finds were beyond their control. This represents the only change between the interim final rule issued June 27, 2025, and this final version. The document does not specify the penalty amounts, the form numbers required for appeals, the exact procedures for calculating penalties, or what other grounds for appeal exist. It does not explain the appeal timeline, how immigrants can challenge the underlying removal order through this process, or how the penalty system interacts with other DHS enforcement priorities or detention policies.
The rule cites Section 274D(a)(1) of the Immigration and Nationality Act for penalties against immigrants who willfully fail or refuse to depart following a removal order, and Section 240B(d)(1)(A) for penalties against those who fail to voluntarily depart within the specified time period. It also cites Section 275(b)(1) for penalties against immigrants apprehended while entering or attempting to enter unlawfully. The contact for further information at DHS is the Office of the Principal Legal Advisor, Regulatory Affairs Unit, U.S. Immigration and Customs Enforcement, 500 12th Street SW, Washington, DC 20536, telephone (202) 732-6960. For DOJ, contact Jamee E. Comans, Assistant Director, Office of Policy, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2500, Falls Church, VA 22041, telephone (703) 305-0289.
General information, not legal, immigration or tax advice. Confirm the details with Homeland Security Department before you act.
