Judge Halts Massive Fines for Immigrants Facing Deportation

Judge Halts Massive Fines for Immigrants Refusing Deportation

A Boston federal judge has temporarily stopped the government from assessing and collecting huge civil fines against immigrants who remain in the United States after being ordered to leave. These fines, which could add up to $1.8 million per person, were part of a program revived by the Trump administration. The judge’s order means these penalties are paused while a lawsuit challenging the process continues.

The fines were set at $998 per day and could be applied retroactively for up to five years. This means an individual could face an enormous financial penalty for not leaving the country. The judge’s decision, issued on October 5, 2026, does not decide the final outcome of the case but puts the disputed system on hold.

Concerns Over Notice and Objection Periods

The judge, George A. O’Toole Jr., raised questions about how the government informed immigrants about these fines and the limited time they had to object. The lawsuit argued that the government changed its penalty process without getting public feedback, which is required by law. They also claimed that the standard notices sent to immigrants did not clearly explain why each person was considered to have “willingly” or “willfully” failed to leave.

Furthermore, the government had removed a previous 30-day notice period and shortened the time allowed to contest a fine. The judge noted that forcing immigrants to pay these fines could lead to financial ruin, especially for those already in a difficult economic situation. The potential for such large fines, accumulating daily over years, was not just a theoretical threat.

Authority for Fines Dates Back to 1996 Law

The authority for these civil penalties comes from a law passed in 1996, the Illegal Immigration Reform and Immigrant Responsibility Act. This law allows for penalties against individuals under a final removal order who willingly refuse to depart. The Trump administration brought this authority back into use through an executive order in January 2025, aiming to penalize migrants present in the U.S. unlawfully.

In July 2025, the Department of Homeland Security and the Department of Justice introduced a new process for assessing and collecting these fines. This revised process eliminated the 30-day notice and reduced the time to challenge the charges, which is a central point of the current lawsuit. The legal challenge is therefore focused on both the government’s right to use this penalty power and the fairness of the procedures it employed.

Order Pauses Specific Practices, Not All Enforcement

By July 2026, the Department of Homeland Security had reportedly issued over 103,000 fines, totaling around $84 billion. The judge’s order specifically blocks the assessment and collection methods that were challenged in court. It does not necessarily eliminate all other civil penalty powers available under federal immigration law. The government might still argue that it can impose penalties using procedures that meet legal requirements and offer fair individual review.

The ruling came from the U.S. District Court for the District of Massachusetts. It is not a final decision that applies nationwide. The class-action status of the lawsuit means the order could protect the group of plaintiffs while the legal proceedings continue. The case will likely proceed to examine whether the government can implement a penalty process that addresses the court’s concerns about fairness and proper procedure. Any future fines would still need to follow individualized processes as outlined in the judge’s ruling.

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