The Trump administration has issued a sweeping new rule allowing immigration authorities to impose steep financial penalties on undocumented immigrants, in what officials describe as a major push to curb illegal immigration and encourage voluntary departures.
Under the new policy, migrants who cross the U.S. border illegally may face fines of up to $500, while those who remain in the country after being ordered to leave could be fined $1,000 per day. Additionally, individuals who agreed to depart voluntarily but failed to do so may now be penalized up to $10,000.
“This is about consequences,” said Tricia McLaughlin, Assistant Secretary at the Department of Homeland Security. “The law doesn’t enforce itself; there must be consequences for breaking it.”
The rule marks a return to aggressive enforcement tools that were authorized under federal law but largely unused for decades. During Trump’s first term, immigration officials began issuing some fines, though they were rare due to procedural complexities. The Biden administration halted the practice, citing concerns over fairness and effectiveness.
Now, the Trump administration has revived and expanded the policy with streamlined procedures that reduce appeal time from 30 days to 15 days, making it easier for authorities to act quickly. Notices of fines may be delivered by mail, which officials argue is valid since non-citizens are legally required to keep their address updated with the government.
A Strategic Push to Encourage ‘Self-Deportation’
The fines are part of a broader Trump strategy aimed at pressuring undocumented immigrants to self-deport—a campaign that includes highly publicized arrests, expedited removal processes, and proposals to offer up to $1,000 in payments to those who voluntarily leave the U.S.
The administration believes the new measures will act as a deterrent and help reduce the burden on the immigration system.
Critics Raise Legal and Ethical Concerns
Immigration advocates and legal experts were quick to condemn the rule. Aaron Reichlin-Melnick, policy director at the American Immigration Council, pointed out that many people who could be fined may have missed immigration court dates due to inadequate government notification—or were minors at the time.
He also warned that the administration bypassed the standard “notice and comment” regulatory process, which could expose the rule to legal challenges. “There was no emergency. The previous system allowed for fines, just with more due process than the Trump administration wanted,” he said on social media.
Critics also argue that the policy targets some of the most vulnerable individuals in the country—many of whom work low-wage jobs and lack the resources to pay such substantial penalties. Some view the fines as more symbolic than practical, comparing them to trying to extract “blood from a stone.”
What’s Next?
The rule is expected to face lawsuits in federal court, with immigration lawyers preparing challenges on both constitutional and procedural grounds. Still, the move underscores the Trump administration’s intent to overhaul immigration enforcement through executive authority as it prepares for a potential second term.
