ICE using fines, lawsuits to pressure migrants to 'self-deport,' attorneys say
The Trump administration is suing migrants with removal orders and issuing fines of up to $1.8 million to pressure them into self-deporting, immigration attorneys tell ABC News.
In recent months, Immigration and Customs Enforcement has revived a rarely enforced 1996 law, using it to issue fines to migrants with deportation orders as part of the administration's aggressive immigration crackdown.
The notices order them to voluntarily leave the U.S. to avoid the monetary penalty.
Merle Kahn, an attorney with the Immigrant Legal Resource Center, said the fines were never used until 2017, during the first Trump administration. She told ABC News that during Trump's first term the fines were rarely used, and when Joe Biden took office as president, he rescinded all of them.
"Now, they have started issuing the fines again, and they've increased them," Kahn said. "They could be fined over $1.8 million if they have an outstanding deportation order and didn't leave."
In June, the Trump administration announced new regulations to streamline the process of issuing fines to immigrants who are in the country without authorization, including new fines, reduced time for appeal, and the elimination of a 30-day notice period.
That same month, ICE said it had issued more than 10,000 fines.
The fines include between $100 and $500 for each unlawful entry or attempted entry, and up to $998 per day, assessed for up to five years, for failing to comply with a removal order.
Immigration attorneys call the fines a "scare tactic" to force people to self-deport.
"There's zero consideration of the circumstances surrounding why the person didn't leave," Kahn said. "It doesn't matter if they never got notice, and the process for challenging these fines is really truncated."
In a statement, Department of Homeland Security Assistant Secretary Tricia McLaughlin said that DHS has issued more than 6,800 fines totaling $1.9 billion to migrants with removal orders.
"President Trump and Secretary [Kristi] Noem's message is clear: If you're in the country illegally leave now or face the consequences," McLaughlin said. "Illegal aliens should use the CBP Home app to fly home for free and receive $1,000 stipend, while preserving the option to return the legal, right way. It's an easy choice leave voluntarily and receive $1,000 check or stay and wait till you are fined $1,000 day, arrested, and deported without a possibility to return legally."
DHA officials said in June that the fines apply to individuals who enter the U.S. illegally, ignore or delay removal orders, or "do not honor agreements to comply with judges' voluntary departure orders."
John Gihon, a Florida immigration attorney, told ABC News the notices have changed in recent months.
Before July, Gihon said people would receive a notice of intent that they could respond to and appeal. Now, he said, individuals "are just getting invoices."
"You can appeal this if you think it's incorrect, but it's going to be decided by basically the same exact office and agency who issued the fine in the first place, and there's no appeal after that," Gihon said. "It's gotten amazingly draconian."
Gihon told ABC News that one of his clients recently received a $1.8 million fine due within 30 days. He said his client can't voluntarily leave the country because he doesn't have a passport or other travel documents.
"He's been physically unable to leave the United States unless he illegally entered another country," Gihon said. He said his client also has a business and family in the U.S.
"He's unable to comply, and does not want to have to pay all these fines and lose his only livelihood for him and his family," Gihon said.
Edward Cuccia, a New York immigration attorney, said he has clients who work minimum wage jobs who have received million-dollar fines. He said the government is spending "more on postage to send the notices" than it will ever collect.
In an escalation, the Trump administration is now suing some of the immigrants who received these fines.
"If you fail to pay the full amount on or before the deadline listed below, the Department of Justice may initiate legal proceedings against you at any time," said a notice included in a recent lawsuit filed by the Department of Justice. "However, you can avoid payment if you voluntarily depart the United States immediately."
According to several lawsuits reviewed by ABC News, the DOJ is asking courts to issue judgments against individuals for the fines, and to award "other relief as may be appropriate."
"It's a scare tactic to encourage people to self-deport," Kahn said. "I think anyone with an outstanding deportation order can expect to receive a fine if the order was issued within the past five years."
