Summary: On October 14, 2026, the Department of Homeland Security (DHS) and the Department of Justice published a final rule keeping a streamlined process, first adopted in June 2025, for civil fines against certain noncitizens. The rule took effect the same day and adds one change allowing some late appeals caused by mail delays.
What happened
On June 27, 2025, the two departments issued an interim final rule changing how DHS imposes civil money penalties that Congress authorized long ago in the Immigration and Nationality Act. The October 14, 2026 final rule responds to public comments and adopts that rule with a single change: U.S. Immigration and Customs Enforcement (ICE) may now accept a late appeal if the person documents mail delivery delays that ICE finds were beyond their control.
Under the process, DHS issues a written decision and order explaining the penalty and the right to appeal and to have a lawyer at no cost to the government. A person has 15 business days to file an appeal. A supervisory officer who did not issue the original decision reviews the written record and issues a final decision within 45 days. There is no in-person interview, and the decision cannot be appealed to the Board of Immigration Appeals. DHS may reopen a case on its own to reduce or cancel a fine.
Who is affected
The rule covers three groups:
- People who willfully fail or refuse to leave the United States after a final order of removal, or who take certain actions to block their departure.
- People who were granted voluntary departure but did not leave within the time allowed.
- People apprehended while entering or trying to enter the United States at an improper time or place.
DHS says that before the 2025 rule there were about 1.5 million people on ICE’s non-detained docket with final removal orders.
What it means
The faster fine process is now permanent rather than temporary. The departments say the goal is to encourage compliance with removal and departure orders and to deter unlawful entry, and they consider the shorter appeal process consistent with due process because these penalties usually turn on simple facts.
The rule also notes that DHS has announced it will cancel most failure-to-depart fines for people who arrange and complete self-departure through U.S. Customs and Border Protection’s CBP Home app.
The rule does not create new penalties; it changes the procedure for imposing penalties already in the law. It may still face legal challenges. For general questions about your immigration situation, see our immigration assistance page.
Source: Federal Register (DHS/ICE and DOJ) – Imposition and Collection of Civil Penalties for Certain Immigration-Related Violations (published October 14, 2026)
Wondering how this affects you or your family? Every case is different. Schedule a consultation with Attorney James Betzold, by phone or video, or call (833) 847-2335.
This article is a news summary for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Immigration law changes often and every case is different; only a legal consultation with Attorney James Betzold can determine how this news applies to you.