Got a civil fine from immigration? What it means and what to do

This page is general information, not legal advice. These rules changed in June 2025 and again in October 2026, and a lawsuit about them is still going on. Talk to an immigration lawyer or a DOJ accredited representative about your own letter.

What is this fine?

It is a civil penalty. That means money, not a crime and not jail. Congress created these fines in 1996. They were first used in 2018, dropped in 2021, and brought back in 2025, now in large numbers. By July 2026, DHS had issued more than 103,000 fines worth more than $84 billion in total, according to the Congressional Research Service.

There are three main kinds. Your letter should name the law it uses.

The daily fine is why some letters show huge totals. A person who was ordered removed years ago can be charged for many days.

Some details matter a lot:

• The removal order fine is only for people who willfully fail to leave. Being unable to leave is not the same as refusing.
• For voluntary departure, the failure to leave must be voluntary. The Immigrant Legal Resource Center explains that being in the hospital or in jail during the departure period is not a voluntary failure to leave.
• A separate law from July 2025 also created a $5,000 fee for people ordered removed in absentia (for missing court) who are later arrested by ICE. That fee notice can be appealed within 30 days.

Is this letter real or a scam?

Scammers pretend to be ICE to get money from scared families. Be careful before you pay anything.

Signs of a real fine:

• It is a written decision, not just a phone call or text.
• It names the law (one of the three above), the amount, and a short reason.
• It says you have a right to appeal, gives an address, and says the appeal must be postmarked within 15 business days.
• It says you may have a lawyer, at no cost to the government.

Warning signs of a scam:

• Someone calls, texts or messages you and demands payment right now.
• They want gift cards, a money transfer app, crypto, or cash.
• They threaten arrest today unless you pay.
• They will not let you talk to a lawyer first.

Do not pay anyone who contacts you this way. Hang up. Show the letter to a lawyer or accredited representative. See Warning signs of an immigration scam and How to spot fake immigration agents and ICE scam calls.

How do I appeal?

For fines decided on or after June 27, 2025, DHS uses a fast process. There is no hearing in front of a judge. Here is how it works under the current rule (8 CFR 281.1, checked October 21, 2026).

1. You get the decision. DHS can serve it in person or by regular mail.
2. You mail a written appeal. It must be postmarked within 15 business days of the date the decision was served. Follow the filing instructions and address on your letter exactly.
3. Send your reasons and proof with the appeal. If you want to explain why the fine is wrong, your written defense and documents must go with the appeal. You cannot add them later unless DHS asks.
4. A supervisor reviews it. A supervisory immigration officer who did not make the first decision looks at it fresh. They may ask you for more papers, and you then have 15 days to send them.
5. You get a final written decision no later than 45 days after you filed.

While your appeal is on time and pending, the fine decision does not take effect.

What if the mail was late? Since October 14, 2026, DHS can accept a late appeal if slow mail you could not control caused the delay. Include a written explanation and any proof, such as the postmarked envelope, and a dated mailing receipt from the post office or courier.

What if my notice is older? If you got a "Notice of Intention to Fine" dated before June 27, 2025, the older rules apply, with a 30 day response period. Ask a lawyer which rules cover you.

What can I say in an appeal?

A lawyer will shape this with you. Common points include:

• You had permission to stay during the period charged, for example a stay of removal, a pending appeal, or an approved application.
• You did not willfully refuse to leave. For example, you could not get travel papers, or you were detained, in the hospital, or in jail.
• You never got the removal order or voluntary departure order the fine is based on.
• The days or amount are counted wrong.
• You are the wrong person, or the A number is wrong.

Gather proof for each point: court orders, USCIS notices, hospital or jail records, letters to your consulate asking for a passport.

Did a court stop these fines?

Partly, and it is still changing. On September 30, 2026, a federal judge in Massachusetts granted a motion to stay (pause) the government's 2025 fine rule in a class action called Maria L. v. Mullin. The case was brought by two people who were fined and the Immigrant Legal Resource Center. News reports say the judge found the plaintiffs were likely to win their claim that the government skipped required public notice and comment, and that the fines could cause serious harm.

The Legal Aid Society in New York, in an October 6, 2026 statement, said the court stayed the regulations and "all fines issued after June 27, 2025" while the case moves forward, and that the government cannot enforce these fines during that time. That is a statement by an advocacy group, not the court order itself.

Then, on October 14, 2026, DHS and the Justice Department published a final version of the rule.

What we could not confirm as of October 21, 2026:

• exactly which fines the court's stay covers
• whether it reaches fines issued under the new October rule
• whether the government will appeal

Because of this, do not assume your fine is canceled. Keep your appeal deadline unless a lawyer tells you otherwise.

What happens if I do not pay?

The Congressional Research Service reports that DHS has begun taking wages and tax refunds and going after property from people who have not paid, and that DHS has said unpaid fines may count against people who apply for immigration benefits like a green card. Interest, costs and late charges can be added. Generally, the government has five years to start enforcing a civil penalty.

DHS has also said that people who leave through its CBP Home app may get their fines forgiven, along with a free trip and an exit payment. Leaving has serious effects on your case and on ever coming back. Get advice first. See Thinking about leaving the US on your own?

What mistakes should I avoid?

• Missing the 15 business days. Count from the date of service. Business days usually leave out weekends and federal holidays. When in doubt, mail early.
• Mailing without proof. Use a trackable method and keep the receipt.
• Sending the appeal without your reasons. Your defense and documents go in the same envelope.
• Paying a caller. Real fines come in writing with appeal rights.
• Ignoring the removal order behind the fine. A fine is separate from your court case. Paying it or fighting it does not fix a removal order. Talk to a lawyer about both.

Who can help?

You do not have to read this letter alone. These are free or low cost groups and public offices. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440. Walk in at 1861 Bay Road, East Palo Alto, Monday to Friday, 9 a.m. to 1 p.m. For people with low income in San Mateo and Santa Clara counties.
• Immigration Institute of the Bay Area, Redwood City: (650) 587-1558. A first consultation is free, by appointment.
• Statewide: the California Department of Social Services list of free immigration legal services.
• More options: Free or low cost immigration legal help in the Bay Area

If your fine is linked to an old removal order you never knew about, also see Can I reopen my deportation case?

Questions people ask

The letter says I owe hundreds of thousands of dollars. Is that possible? Yes, because the removal order fine can be charged per day. That is why the appeal and a lawyer matter so much.

Can they arrest me for not paying? This is a civil fine, not a criminal charge. But the removal order behind it can still lead to arrest. Talk to a lawyer about your risk.

Will paying the fine let me stay? No. Paying does not cancel a removal order or give you status.

My spouse was fined. Am I fined too? Each fine is for one person. The Immigrant Legal Resource Center notes that the hospital or jail exception for voluntary departure covers only the person it happened to, not family members.

I already paid. Can I get it back? Maybe. Ask a lawyer. Nothing we read about the court order says it refunds payments already made.

Is there a worksheet I can print?

A letter like this can feel like a wall. It is not the end of the road. Act fast, get good help, and keep your papers close.