ICE Uses Fines and Lawsuits to Pressure Migrants Toward Self-Deportation

U.S. Immigration and Customs Enforcement has sharply expanded the use of civil fines and federal lawsuits against migrants with final deportation orders, a move that attorneys say is designed to push people to self‑deport rather than wait for removal by the government. Since June 2025, the Trump administration has issued more than 10,000 fines, some reaching $998 per day and applied retroactively for up to five years, potentially resulting in liabilities above $1.8 million per person.

The scale and speed of the rollout, paired with new collection tactics, mark one of the most aggressive enforcement campaigns in recent memory, according to immigration lawyers and advocacy groups tracking the cases.

How the new process works

• Under regulations announced in June 2025, ICE can send an immediate invoice instead of a notice of intent.
• The response window has been shrunk to as little as 15 days, removing the prior 30‑day warning period.
• The Department of Justice has begun filing civil suits in federal court to collect unpaid penalties.
• The Treasury Department’s Debt Collection Service is coordinating seizures of tax refunds, restrictions on other federal payments, and the use of private debt collectors.
• DHS officials have warned unpaid fines may be reported to the IRS as taxable income, potentially exposing migrants to additional tax bills even if they cannot pay the original fines.

Incentives for self‑deportation

The administration is simultaneously offering incentives to encourage people to leave voluntarily through the CBP Home app (formerly CBP One):

• Waiver of all fines if the person departs on their own
• $1,000 stipend
• A free flight home
• A stated “potential opportunity” to return to the United States legally in the future

Legal scholars and practitioners caution there is no statutory guarantee the stipend will be paid in every case, and they question the legal basis for treating unpaid fines as taxable income.

“If you’re in the country illegally, leave now or face the consequences.” — DHS Secretary Kristi Noem

DHS Assistant Secretary Tricia McLaughlin framed financial penalties as “one more reason” to use CBP Home to self‑deport “before it’s too late.” Treasury Secretary Scott Bessent vowed to recover “funds owed to Americans,” signaling more aggressive debt collection ahead.

Policy details and enforcement tools

• Civil fines up to $998 per day, retroactive for up to five years, can push potential liabilities past $1.8 million in extreme cases.
• ICE has issued more than 10,000 fines since June 2025, with outstanding totals across cases now reported at over $6 billion.
• Appeals are compressed to as little as 15 days; prior 30‑day notices have been eliminated.
• The DOJ is filing lawsuits to secure judgments and “other relief,” enabling broader collection options.
• Treasury’s Debt Collection Service is coordinating tax refund seizures, restricting federal payments, and employing private debt collectors.
• DHS has warned unpaid fines could be reported as taxable income, potentially creating added tax liabilities.

Supporters argue these measures restore the rule of law and promote compliance without expanding detention capacity. Critics say the strategy targets people with limited means, creating unpayable debts and depriving many of clear notice or adequate time to seek legal help.

Legal pushback and constitutional concerns

Advocacy groups, including the Immigrant Legal Resource Center, contend the new regime:

• Violates due process because of short deadlines and limited appeal channels inside DHS
• Uses the shift from notices of intent to immediate invoices to intimidate rather than inform
• Raises potential Eighth Amendment challenges for excessive fines
• Presents questions about administrative overreach and lack of independent review

Attorneys are preparing test cases to challenge the policy in federal court. Early suits are likely to focus on the compressed appeal timeline, waiver of rights for those who miss short response windows, and the lack of independent review. Even if lawsuits succeed, courts could take months to act — leaving families to decide quickly whether to self‑deport to avoid mounting debt.

Real‑world impact and economic risks

Immigration attorneys and economists warn of wide ripple effects:

• Many impacted workers are employed in construction, agriculture, and service sectors already facing labor shortages.
• Large numbers of self‑deportations or shifts into the shadow economy could worsen staffing gaps.
• Those who stay may go further underground: skipping tax filings, avoiding medical care, or cutting off school involvement to limit contact with officials.
• Community organizations report rising stress and families revising daily routines and emergency plans for children.

Workers and parents with U.S.‑born children face agonizing choices: leave and risk family separation and unsafe returns, or stay and face potentially unaffordable penalties and collection actions that can reach tax refunds.

Practical guidance and common questions

Immigration lawyers recommend the following steps for people who receive invoices or fear they may:

• Open mail promptly and keep proof of address.
• Document if you believe you never received proper notice.
• Seek legal counsel quickly—appeal windows are short and reviews are internal to DHS.
• Discuss plans with family, especially if you have U.S.‑born children (citizen rights, school transfers, medical care).
• Prepare employers if departure dates are set through CBP Home.

Common questions and answers:

• Will I be arrested for not paying? Officials say the penalties are civil, not criminal, but nonpayment can lead to lawsuits and collections.
• Can I appeal? Yes, but the window is short and reviews are within DHS.
• Will unpaid fines create tax bills? DHS has warned unpaid fines may be reported to the IRS as income, which could create additional tax liability.

Uncertainties about reentry and stipends

Though the self‑deport pathway is presented as efficient and humane — citing free flights and a clean break from debts — many practical uncertainties remain:

• There is no detailed rule from DHS on future reentry eligibility after taking the self‑deport option.
• The stipend is not guaranteed by statute, leaving applicants unsure whether it will be paid.
• Families and legal experts worry that leaving without clear guidance may foreclose future relief or lawful return.

Immigration counsel strongly advise getting legal advice before taking steps in the CBP Home app, especially for those with pending relief options or possible family or humanitarian pathways.

Broader context and history

• The daily fine structure and five‑year lookback trace to a 1996 law authorizing financial penalties for failing to comply with deportation orders.
• The authority was rarely used for decades, increased in President Trump’s first term, rescinded under President Biden, and revived and expanded in 2025.
• The administration says the effort restores enforcement authority; opponents characterize it as the harshest and fastest deployment of that authority in U.S. history.

Where to get official information

For official guidance, policy updates, and agency contact portals, consult Department of Homeland Security resources. The department’s website hosts agency statements, enforcement program links, and public contact information for questions and complaints.

For authoritative updates, visit the Department of Homeland Security at https://www.dhs.gov.