ILRC Comment Opposing the Imposition of ICE Fines

On July 28, 2025, the ILRC submitted a comment opposing a new government rule that imposes massive civil fines—sometimes up to nearly $2 million—on immigrants who entered the U.S. without authorization or did not leave after a removal order. These fines are unconstitutional under the Eighth Amendment’s ban on excessive penalties and will devastate families and communities. The rule also strips immigrants of key due process protections by cutting appeal rights, shortening response times, and keeping reviews entirely within the Department of Homeland Security, rather than an independent court. These changes are meant to intimidate immigrants into leaving the United States on their own, rather than risk detention and deportation, but have already led to mass confusion amongs practitioners and immigrant communitites.