Legal update: October 7, 2026
A federal court has temporarily paused the June 2025 rule used to impose civil immigration penalties, along with fines issued under it. The ruling offers important relief while the lawsuit continues, but it does not cancel an individual removal order or grant immigration status.
What Did the Court Order?
In Maria L. v. Mullin, No. 25-13471-GAO, Judge George A. O’Toole, Jr. of the U.S. District Court for the District of Massachusetts issued an order dated September 30, 2026. It stays the interim final rule, Imposition and Collection of Civil Penalties for Certain Immigration-Related Violations, and all fines issued under that rule, pending further court order. Read the court’s stay order.
This is preliminary relief during litigation, rather than a final decision resolving every claim. The operative language matters: the order concerns the specified rule and fines issued under it.
Why Were the Fines So Large?
Federal law permits certain civil penalties for failure to depart. Under 8 U.S.C. § 1324d, the government may assess daily penalties for specified conduct by a person with a final removal order, including willfully failing or refusing to depart, obtain necessary travel documents in good faith, or present for removal. The statute also addresses conduct designed to prevent or hamper departure.
The statutory amount is adjusted for inflation. The court’s opinion describes a daily figure of $998 and a fine of approximately $1.82 million assessed against one plaintiff. A large total reflects accumulated daily penalties; it is not a flat fee automatically owed by every noncitizen.
Why Did the Court Grant Relief?
The court found that the plaintiffs were likely to succeed on their argument that the rule and the mass imposition of penalties failed to consider whether a person’s conduct was willful or voluntary, as the relevant statutes require. It also found a likelihood of success on the challenge to issuing the rule without the required notice-and-comment process.
The opinion and order explains the reasoning. These preliminary findings should not be described as a final ruling on all constitutional or statutory claims in the lawsuit.
What Did the June 2025 Rule Change?
The June 27, 2025 rule changed procedures for issuing and contesting certain civil immigration penalties. Among other changes, it moved the appeal process from the Board of Immigration Appeals to DHS and allowed direct issuance of a penalty without the earlier notice-of-intent process.
The distinction between a rule and a statute is important. Pausing this rule does not repeal the underlying civil-penalty statutes or resolve every possible penalty under other procedures.
What Should You Do if You Receive a Fine Notice?
- Keep the complete notice and envelope. Save the date received, amount, issuing agency, legal citations, and any response instructions.
- Gather your immigration records. Include the removal or voluntary-departure order, supervision documents, pending applications, and prior court decisions.
- Ask counsel to review the fine’s basis. An attorney can determine whether the notice was issued under the stayed rule and what the current order means for your case.
- Review any collection activity promptly. Share debt-collection letters, payment demands, or related notices with counsel.
- Keep addressing your immigration case. Do not assume the fines litigation excuses attendance, reporting requirements, or other obligations imposed by a separate order.
Frequently Asked Questions
Are all immigration fines permanently canceled?
No. This stay applies to the challenged rule and fines issued under it while the court case continues. It is not permanent cancellation of every immigration penalty.
Does the ruling stop my deportation?
A stay of a fines rule is different from a stay of removal. Counsel must review your individual immigration orders and available remedies.
Should I ignore a fine or collection notice?
No. Preserve it and seek advice promptly so counsel can assess coverage, deadlines, and any necessary response under the current court orders.
Discuss Your Notice With an Immigration Attorney
If you or a family member receives an ICE civil penalty notice, contact Wilner & O’Reilly to discuss the documents and possible next steps.
This article provides general information, not legal advice. Court orders and enforcement procedures can change; an individual case requires review of the facts and current law.
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