The Department of Homeland Security (DHS), in collaboration with the Department of Justice (DOJ), has announced a new federal rule aimed at adjusting the process for issuing fines to undocumented immigrants. This interim final rule, which is now in effect, permits DHS immigration officers to issue fines via regular mail and removes the previous 30-day notice period. The stated purpose of these changes is to enhance the efficiency of immigration enforcement.
Previously, undocumented immigrants received a 30-day notice before fines were issued, providing time to prepare or respond. The new rule eliminates this notice period, allowing for immediate issuance of fines upon identification of a violation. The process for contesting fines has also been revised, though specific details were not included in the DHS announcement. The ability to send fines through regular mail is intended to reduce administrative steps in the enforcement process.
The rule applies to specific categories of immigration violations, including individuals who enter or attempt to enter the United States without authorization, those who do not comply with removal orders, and individuals who do not adhere to judicial voluntary departure agreements.
The fines vary by violation: unlawful entry or attempted entry carries penalties of $100 to $500 per incident; failure to honor a voluntary departure order incurs fines ranging from $1,992 to $9,970; and willful non-compliance with a removal order can result in fines of up to $998 per day for each day of non-compliance.
This policy reflects a return to practices previously implemented during the Trump administration, when fines for immigration violations were first introduced. The issuance of such fines was discontinued under the Biden administration. However, Immigration and Customs Enforcement (ICE) resumed issuing failure-to-depart fines on June 13, 2025. Since then, ICE has issued approximately 10,000 fine notices, according to DHS.
“The law doesn’t enforce itself; there must be consequences for breaking it,” Assistant Secretary Tricia McLaughlin commented on the rule. She added, “President Trump and Secretary Noem are standing up for law and order and making our government more effective and efficient at enforcing the American people’s immigration laws. Financial penalties like these are just one more reason why illegal aliens should use CBP One to self-deport now before it’s too late.”
According to DHS, undocumented immigrants who voluntarily leave the United States using the CBP One App may have civil fines or penalties for failing to depart forgiven.
The Trump administration’s fines of up to $998 per day on migrants who fail to leave the U.S. after receiving a final deportation order could significantly impact approximately 3,000 Nepali immigrants currently residing in the country.
Data from the Executive Office for Immigration Review (EOIR) reveals that over the last 20 years, around 3,500 Nepalis have received deportation orders from U.S. immigration courts. Nearly 40 percent—approximately 1,400—listed New York as their residence at the time of the ruling, according to the TRAC report.
The Nepali community’s vulnerability stems from a mix of expired legal protections and ongoing immigration challenges. Of the roughly 3,000 Nepalis still in the U.S. despite deportation orders, about 1,500 are shielded by Temporary Protected Status (TPS) until August 5, 2025, while another 1,400 live without any legal protection.
Recent U.S. Immigration and Customs Enforcement (ICE) data revealed that 1,356 Nepalis with deportation orders issued since June 2015 remain in the country without TPS. These individuals would immediately face crushing daily fines, accumulating debts that could exceed $1 million over five years due to retroactive penalties allowed under the 1996 Immigration and Nationality Act.
Geographically, the impact spans beyond New York. Statistics show that among the 3,500 Nepalis with deportation orders over the past two decades, around 500 resided in California, 350 in Texas, 200 in Maryland, and 150 in Georgia at the time of their court rulings. However, no precise data tracks their current locations, as many may have relocated after their hearings.
Of these individuals, approximately 2,200 were never detained, 800 were released after detention, and 550 received deportation orders while in custody—most of whom have likely returned to Nepal, as reported by TRAC. Legal representation also varied: about 2,300 hired lawyers, while 1,200 faced proceedings without counsel, potentially exacerbating their challenges in navigating the system, as highlighted in the TRAC report.
The timing of deportation orders sheds further light on the trend. The peak came in 2019, when 350 Nepalis received such rulings—121 of them New York residents—reflecting heightened enforcement during Trump’s first administration, which saw 900 Nepalis ordered deported over four years, according to the TRAC report.
Under Biden’s four-year tenure, roughly 600 faced similar orders, with 40 issued in the first three months of the current fiscal year alone, as per the TRAC report.
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Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
