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The Department of Homeland Security (DHS) has announced that the Immigration and Customs Enforcement (ICE) has rescinded two orders pertaining to civil financial penalties for undocumented immigrants who failed to depart the U.S.

ICE Rescinds Civil Penalties for Failure-to-Depart: What It Means for Undocumented Immigrants?  

ICE has rescinded the following delegation orders: 

  • ICE Delegation No. 01-2018, Delegation of Authority to Administer and Enforce Provisions Relating to Civil Penalties for Failure to Depart
  • ICE Delegation No. 006-2020, Delegation of Authority to Administer Certain Provisions Relating to Civil Penalties for Failure to Depart

Both delegations are related to the collection of financial penalties for undocumented immigrants who fail to depart from the U.S. ICE has possessed the authority to impose financial penalties for failing to depart for over two decades. However, the agency initiated enforcement of these penalties only in 2018. Now under the Biden Administration, the agency has once again announced to cease these fines.    

Refocusing ICE’s Resources

The rescission is a move toward focusing ICE’s resources on those posing public safety risk or national security threats in accordance with the guidance on civil immigration issued by the Acting Director on February 18, 2021. 

Following the new developments, ICE intends to join hands with the Department of the Treasury in an effort to cancel the existing debts of immigrants who had been fined. A statement by DHA states that the fines were ineffective and did not advance the interests of the agency. 

DHS Secretary Alejandro Mayorkas

Talking on the topic, DHS Secretary Alejandro Mayorkas stated, “There is no indication that these penalties promoted compliance with noncitizens’ departure obligations. We can enforce our immigration laws without resorting to ineffective and unnecessary punitive measures.”

If you have been fined or require more information in this regard, dial (818) 900-5707 to get in touch with an immigration deportation attorney.