A United States federal judge has issued a ruling blocking the Trump administration from imposing civil fines of up to $1.8 million on migrants who fail to leave the country after receiving final deportation orders. US District Judge George O'Toole in Boston declared the penalties unlawful, marking a significant setback for the Department of Homeland Security (DHS) policy.
The decision stems from a class-action lawsuit filed last year by the Immigrant Legal Resource Centre on behalf of two migrants who were among thousands penalized by the government. In his ruling, Judge O'Toole emphasized that the financial penalties would force plaintiffs into immediate insolvency. He noted that the individuals involved were already living in economically precarious positions even before the government imposed these exorbitant fines.
Data from the DHS indicates that since President Donald Trump returned to the White House last year, the administration had issued more than 103,000 fines, totaling approximately $84 billion. While Congress authorized civil penalties under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, no administration prior to this one had attempted to apply them.
Under the revived policy, authorities levied penalties of $998 per day against migrants who did not depart following an order. These charges were applied retroactively for as long as five years, leading to the maximum $1.8 million figure. In July 2025, the DHS and the Department of Justice expedited the process by removing a 30-day notice window and restricting the appeals mechanism. Furthermore, Immigration and Customs Enforcement (ICE) often used standardized forms without determining if a migrant's failure to depart was voluntary or willful.
Judge O'Toole found that these actions violated the Administrative Procedure Act, as official notices failed to provide specific allegations explaining why an individual’s conduct warranted financial punishment. Additionally, the court held that the administration breached federal rulemaking requirements by failing to allow the public to review and comment on the policy changes before they were enacted.
