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Homeland Security Department Doc #2025-11965

Imposition and Collection of Civil Penalties for Certain Immigration-Related Violations

Full Text
Published
June 27, 2025
Summary

This interim final rule ("IFR") amends existing DHS and DOJ regulations. It provides exclusive DHS procedures for the issuance of civil monetary penalties under the Immigration and Nationality Act for aliens who fail to depart voluntarily during the voluntary departure period, willfully fail or refuse to depart after a final removal order and certain other proscribed activities, or are apprehended while improperly entering or attempting to enter the United States. The IFR also transfers the appeals process for these penalties from DOJ's Board of Immigration Appeals to DHS.

Constitutional Analysis
Fifth Amendment – Due Process restricts 80% confidence

The rule may limit due process protections for individuals facing civil penalties related to immigration violations.

Sixth Amendment – Right to Counsel restricts 80% confidence

The transfer of the appeals process may impact the ability of individuals to access legal representation during immigration proceedings.

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