Federal Judge Blocks Trump Administration Fines for Migrants

A federal judge has halted the Trump administration's imposition of fines, some reaching up to $1.8 million, on migrants for failing to leave the country after receiving final deportation orders. U.S. District Judge George O'Toole in Boston granted preliminary relief to plaintiffs in a class-action lawsuit, determining that the Department of Homeland Security's (DHS) process for levying these fines violated federal law.

In his ruling, O'Toole stated that the administration's fines could push migrants, who are often in an "economically precarious position," into "insolvency." He noted that plaintiffs "live in an economically precarious position even without the imposition of the government’s exorbitant fines," potentially facing garnishment of wages, loss of property, and collection lawsuits.

One plaintiff, identified as Nancy M., was fined over $1.8 million. O'Toole wrote that she works more than 60 hours a week at two jobs and experiences significant anxiety due to her financial situation.

The judge also found that the fine notices failed to comply with the Administrative Procedure Act by not providing specific allegations to justify the penalties. Furthermore, O'Toole ruled that the administration had not followed proper rulemaking procedures by failing to allow public comment on the policy changes used to streamline the fine-imposition process.

As of July, DHS reported issuing more than 103,000 fines to migrants, totaling approximately $84 billion, since the beginning of the Trump administration's term in January 2025. DHS had previously defended the penalties, stating that individuals refusing to leave after a final removal order could face fines of $998 per day, retroactively applied for up to five years, with a maximum penalty of $1.8 million.

While Congress authorized civil penalties under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, no administration had previously attempted to impose such fines until the Trump administration. In July 2025, DHS and the Department of Justice had implemented changes to expedite fine assessments, removing a 30-day notice period and shortening the appeals process. The plaintiffs challenged these changes, arguing that ICE issued fines using standardized forms without assessing whether a migrant's failure to leave was willful or voluntary.

Senators Alex Padilla, D-Calif., and Dick Durbin, D-Ill., had previously urged DHS and the Department of Justice to pause the application of these civil penalties, citing concerns about their "improper application."