What Are the Immigration Fines Imposed by ICE and Who Do They Affect?

• What Are Immigration Fines?
• Two Different Legal Penalties
• ICE and Due Process

The 1996 immigration reform, officially known as the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), includes financial penalties for certain undocumented immigrants who fail to leave the country when required by an immigration order.

The law establishes two distinct types of fines, which apply to people in different legal situations.

Immigration Fines and the 1996 Law

The two types of fines that ICE can impose on undocumented immigrants https://t.co/zhwjrRN17C

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“There are two different fines, and each one affects different people,” explained Hasan Shafiqullah, supervising attorney of the Civil Rights Reform Unit at The Legal Aid Society, during the El Diario Sin Límites podcast.

One of these penalties is contained in Section 1324D of the law.

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This fine focuses on individuals who received a formal deportation order issued by an immigration judge, according to El Diario NY.

“If I do not leave the country after a deportation order, I can face fines of up to $998 per day for a maximum period of five years. That is the limit,” the attorney stated.

The Difference Between Deportation and Voluntary Departure

The second fine is outlined in Section 1229C and applies to those who were granted the benefit of voluntary departure.

This legal option allows an immigrant to leave the country on their own, without having a deportation order on their record.

“If an alien is permitted to depart voluntarily from the United States under this section and fails to do so within the specified time, they shall be subject to a civil penalty of not less than $1,000 and not more than $5,000,” the law states.

Shafiqullah explained that, in practice, fines often reach amounts of up to $3,000.

“This applies to people who were granted voluntary departure instead of a deportation order,” he clarified.

The attorney emphasized that this distinction is critical for those seeking to return to the United States legally in the future.

Leaving voluntarily carries different legal consequences than being formally deported—an essential point in understanding ICE immigration fines explained.

ICE’s Role and Criticism of the Process

Although the fine provisions have existed for decades, Shafiqullah stated that no administration had enforced them as aggressively as the Trump administration.

According to the attorney, President Donald Trump’s government is issuing financial penalties that can reach up to $1.8 million in some cases, applied indiscriminately.

One of the main concerns, he said, is that ICE may be bypassing due process when imposing these sanctions.

The agency must prove that a person is violating an order without justification and must respect the five-year maximum limit for applying fines.

“If the fine is under Section 1229C, one defense I have is that the government cannot collect this fine,” Shafiqullah explained.

He also noted that under Section 1324D, the government must prove that the person’s continued presence in the country was intentional, voluntary, or conspiratorial.

Shafiqullah emphasized that many individuals who have been fined have regular check-ins with ICE and are under orders of supervision.

“I am here with the government’s permission,” he explained.

The attorney questioned how a fine for intentional noncompliance can be imposed when the government itself authorizes a person to remain in the country while pending processes—such as asylum applications or family-based petitions—are being reviewed.

These concerns are central to ongoing debates surrounding ICE immigration fines and the enforcement of immigration law.