DHS and EOIR finalize rule on civil penalties for failure to depart and illegal entry

DHS and the Executive Office for Immigration Review (EOIR) have issued a final rule finalizing their June 2025 interim final rule on civil monetary penalties for certain immigration violations. The final rule keeps the prior procedures largely unchanged but adds one new provision allowing late-filed appeals in cases of documented mail delivery delays beyond the alien's control.

Key points

• The final rule finalizes the interim final rule (IFR) that took effect June 27, 2025.
• It applies to aliens who willfully fail to depart after a final removal order, aliens who miss a voluntary departure deadline, and aliens apprehended while entering or attempting to enter the U.S. unlawfully.
• The one change from the IFR allows ICE to accept a late-filed appeal if the delay was due to documented mail delivery problems beyond the alien's control.
• The rule is effective on the date of its publication in the Federal Register.
• The agencies state the rule implements directives in Executive Order 14159 and Proclamation 10935 (Project Homecoming) aimed at enforcing removal and voluntary departure obligations.

Who is affected

Aliens subject to final removal orders, voluntary departure orders, or apprehended for unlawful entry are affected.

What to do