October 7, 2026

Federal Judge Blocks Fines Imposed on Migrants for Deportation Noncompliance

A federal judge has halted the Trump administration’s initiative to fine migrants up to $1.8 million for not leaving the United States after receiving deportation orders. U.S. District Judge George O’Toole in Boston made the ruling following a class-action lawsuit filed the previous year by migrants penalized by the Department of Homeland Security (DHS).

The judge provided preliminary relief to the plaintiffs, concluding that the fining process violated federal law. Judge O’Toole noted that many migrants are in a fragile economic position. Imposing such substantial fines could drive them towards financial insolvency.

“They face the possible garnishment of their already modest wages, loss of any vehicles and homes, federal collections lawsuits and other adverse collateral consequences,” said Judge O’Toole.

The lawsuit highlighted the cases of individuals like Nancy M., fined over $1.8 million while working more than 60 hours a week. She reported anxiety symptoms affecting basic life functions.

The judge indicated that the administration’s fine notices breached the Administrative Procedure Act because they lacked detailed allegations justifying the penalties. He stated that migrants might experience severe financial consequences without assurances of restitution if the fines were eventually revoked.

DHS revealed it issued over 103,000 fines, totaling about $84 billion since the beginning of Trump’s second term. The department argued that ignoring a final removal order merits fines of $998 per day, as authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, although previous administrations did not impose such fines.

Last year, fines of $998 per day began for noncompliant migrants, retroactive for up to five years, capping at $1.8 million. In July 2025, DHS attempted to simplify the fine process by removing a 30-day notice period and shortening the challenge period.

The plaintiffs successfully contested these measures. The judge found fault with the DHS and Immigration and Customs Enforcement for implementing fines without proper individual assessment of “willful” or “voluntary” failure to leave the U.S.

The ruling also mentioned the administration’s failure to follow rulemaking processes, omitting public comment on policy changes. This fine-imposition process faced opposition from Congressional lawmakers. Senators Alex Padilla and Dick Durbin requested DHS and DOJ to halt these penalties against compliant migrants.

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