In the spring of 2025, the Department of Homeland Security (“DHS”), through local offices of the Principal Legal Advisor, began issuing “Notice of Intention to Fine” to thousands of unsuspecting individuals, who had been granted voluntary departure and failed to depart, or who had been issued “final orders of removal,” and willfully failed or refused to depart the U.S. The fines vary—with the greatest appearing to “cap out” at just over 1.8 million dollars. Lodged under the auspices of a rarely used provision of the Immigration and Nationality Act (“INA”) Section 274D(a), the notices initially demanded a response within 30 days of service, unless an extension request is granted.
Not long after thousands of these notices were issued, on June 9, 2025, DHS announced that it would “forgive” Failure to Depart fines if the individuals served with the notices agreed to “self deport” through the CBP Home App. Later, on June 27, 2025, DHS and the Department of Justice (“DOJ”) announced a new joint federal rule enacted to “streamline” the “process for fining illegal aliens.” Essentially, the new rule will remove the certified mail requirement for service, and shorten the time to respond. It also appears to expand who may be fined- listing “aliens who entered the U.S. illegally” along with those who “ignore removal orders or delay their removal” and those who do not comply with voluntary departure orders.
While receiving one of these notices of intention to fine is understandably jarring and frightening, there are often strong arguments to be made to challenge the issuance of these notices, as well as the fines themselves. Before conceding to DHS’ allegations, and agreeing to pay a fine which may have been improperly lodged, excessive, or unconstitutional, you should consult with a trusted immigration attorney. Likewise, the long term, and sometimes permanent and serious consequences of “self-deportation” should be always be carefully considered in advance of departing the United States.
For any questions or concerns, please contact us at michael@wildeslaw.com.
*This is an ongoing development and may not be updated.