Federal judge blocks DHS civil fines on migrants who ignored removal orders

Mixed · 2U.S. District Judge George O'Toole Jr., a Clinton appointee sitting in Boston, has blocked the Trump administration's civil fines on immigrants who did not leave the country after final removal orders. 1 2 Mixed · 2Raw Story says the stay applies to a June 2025 DHS rule meant to speed up the fines and to ICE's practice of issuing them in bulk. Fox News dates the change to July 2025, when DHS and the Justice Department dropped a 30-day notice period and shortened the process for challenging penalties. 1 2 Mixed · 2The case is a class-action suit brought by two plaintiffs. Fox News says it was filed last year. Nancy M. was fined more than $1.8 million, and Maria L., a nail technician, was fined hundreds of thousands of dollars, according to Raw Story. 2 1

Left · 1The judge found the government likely violated the law. The two statutes apply only to people who willfully ignore a removal order or voluntarily skip a departure deadline. Raw Story reports that under the rule, staying in the country after an order creates an assumed violation and shifts the burden to the recipient, and that the newer ICE forms are boilerplate checkboxes that do not explain why conduct was deemed willful. 1 Mixed · 2O'Toole also found the administration likely violated the Administrative Procedure Act by not offering public comment before the change. He rejected the government's argument that the foreign affairs and procedural exceptions applied. 1 2 Left · 1Raw Story reports that the rule scrapped advance warning of a fine and cut the appeal window from 30 days to 15, which the judge called "essentially punitive". 1

Mixed · 2On harm, the judge wrote that the plaintiffs live in an "economically precarious position" and face wage garnishment, loss of vehicles and homes and federal collection suits. He said vacating the fines later might not make them whole. Raw Story adds that he found a stay costs the government little, because it can still pursue fines under the old procedures. 2 1 Mixed · 2The reports differ on the scale of the program and the ruling date. Raw Story cites more than 65,000 penalties worth roughly $36 billion, saying the agency has "reportedly" issued them. Fox News cites a DHS statement from July of more than 103,000 fines totalling about $84 billion. Raw Story says the ruling came on a Wednesday, while Fox News says Monday. 1 2 Right · 1DHS has defended the fines, saying people who refuse to leave after a final removal order could face $998 per day. Fox News says they have been applied retroactively for up to five years, with a $1.8 million maximum. Fox News reached out to DHS for comment on the ruling. Senators Alex Padilla and Dick Durbin, both Democrats, had urged DHS and the Justice Department to pause what they called the "improper application" of the penalties. 2