Fines of up to $998 a day: the final rule for those who do not leave the U.S.

WASHINGTON. — Since October 14, 2026, U.S. Immigration and Customs Enforcement (ICE) can fine people up to $998 for each day they remain in the United States after a final removal order, under the final rule published by the Department of Homeland Security (DHS) and the Executive Office for Immigration Review (EOIR) in the Federal Register.

The rule makes permanent the streamlined process the agencies put in place in June 2025, which allows immigration officers to impose these penalties directly. Fines related to missing a voluntary departure deadline and to entering or attempting to enter the country unlawfully also remain in place.

New in the final text: DHS may accept a late appeal when the person can show that a mail delivery delay beyond their control caused the missed deadline.

The enforcement of these fines, however, faces a judicial freeze: a federal judge in Massachusetts, George O'Toole Jr., ordered the mechanism suspended and blocked the fines issued under that procedure while the litigation continues, finding that the government did not adequately consider the individual circumstances of those affected and that collection could drive the plaintiffs into insolvency. In practice, the rule is published and in force, but its collection is under judicial dispute.

Immigration attorneys recommend that anyone with a removal order or an open case not ignore official notices and seek legal advice before making decisions, because the fines accumulate daily.

Photo: A Lo Claro archive

Source: Translatte, based on the DHS and EOIR final rule in the Federal Register (document 2026-21024).