DHS issued an interim final rule to speed up the civil fine process on immigration violations, targeting both individuals and companies. The rule is expected to be published on Friday, 6/27/2025, and will take effect immediately.
The new penalty amounts apply to violations assessed after January 2, 2025, for violations occurring after November 2, 2015. The rule targets individuals and entities who violate U.S. immigration laws, including:
- Individuals who enter the U.S. illegally
- Those who fail to depart after an order of removal or voluntary departure
- Employers who knowingly hire or continue to employ unauthorized workers
- Persons committing document fraud related to immigration.
Civil Fines for Immigration Violations
A person can be fined from $100 to $500 for each time they enter the U.S. illegally. Individuals who fail to depart voluntarily as ordered will be fined between $1,992 and $9,970, and those who fail to depart pursuant to a removal order will be fined up to $998. Fines are adjusted annually for inflation.
Employers are also subject to civil penalties for hiring undocumented workers. For 2025, penalties for knowingly employing undocumented workers range from $716 to $5,724 for a first offense. Fines will increase substantially for second and subsequent offenses. In fact, the employer can be subject to criminal prosecution for knowingly hiring unauthorized workers.
There are other immigration-related civil penalties. Fines for I-9 violations, document fraud, and related offenses are also increased. Currently, the fines range from $288 to $2861 for one violation. I-9 violations, or paperwork violations, are common among smaller employers. They often fail to properly or timely complete the I-9 form for new hires. The law requires that they must properly complete the I-9 form within three days of the start date of employment. Or, sometimes, they are confused about what documents they may accept to verify an employee's identity or employment eligibility, which would also result in violations and fines.
Notice and Collection Process
The new rule streamlines and expedites the penalty process, allowing DHS/ICE to issue and collect fines more quickly. Individuals and entities will receive formal notice of the alleged violation and the proposed penalty, consistent with administrative procedures. Notices can be sent to parties by regular mail rather than certified mail. Notices will specify the violation, the amount of the penalty, and information on how to respond or appeal. Affected parties will only have 15 days to file an appeal, instead of the previous 30 days. Further, instead of having the Board of Immigration Appeals handle appeals, DHS now has the authority to review these appeals.
Purpose and Impact
The rule is intended to deter unlawful entry and related violations by increasing the speed and certainty of civil penalty enforcement. It also aims at punishing individuals who fail to depart the United States after they have been granted voluntary departure or ordered deported. The streamlined process aims to allow DHS to impose more penalties, more quickly, and thereby enhance deterrence.
In Summary
The new DHS rule increases civil fines for a range of immigration-related violations, including illegal entry, and takes effect immediately upon publication. Fines are adjusted for inflation (about 1% higher for 2025), with first-time penalties for certain violations (like employing unauthorized workers) now starting at $716. The process for notice and collection has been expedited to enhance enforcement and deterrence
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