U.S. FEDRegulation
Federal government finalizes immigration civil penalty procedures, adds mail-delay appeal exception
The Departments of Homeland Security and Justice published a final rule on October 14, 2026, finalizing the June 2025 interim procedures for imposing civil penalties for failure to depart, failure to comply with voluntary departure, and improper entry. The rule makes one change, permitting acceptance of late appeals where documented mail delays beyond the alien’s control caused the delay. It takes effect October 14, 2026.
Text (Federal Register) → · Public Justice
Key points
- Penalties covered include up to $998 per day for willfully failing to depart after a final removal order, adjusted for inflation.Federal Register
- Appeals lie with DHS, not the Board of Immigration Appeals; a notice of appeal is due within 15 business days of service.Federal Register
- New 8 CFR 281.1(e)(2) permits a late appeal where the alien submits a written explanation and documentary evidence of mail delay beyond their control.Federal Register
- The Attorney General adopted the interim amendments to 8 CFR Parts 1003 and 1280 as final without change (Order No. 6260-2025).Federal Register
- Public Justice states the Maria L. v. Mullin stay covers the regulations and all fines issued after June 27, 2025.Public Justice
- The rule cites Maria L. v. Mullin, No. 25-13471 (D. Mass. Sept. 30, 2026), the pending challenge to the interim rule.Federal Register