Who Could Face a $998 Daily U.S. Immigration Fine?

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On October 14, 2026, the Department of Homeland Security (DHS) and Department of Justice (DOJ) published a final rule on how certain immigration-related civil fines are issued and appealed. The rule lists October 14 as its effective date.

The figure drawing the most attention is up to $998 per day. It applies to willful failure to depart after a final, executable removal order. An expired visa alone does not trigger this daily fine.

Federal Register final rule on immigration civil penalties published October 14, 2026

Federal Register | Final rule published October 14, 2026

Who Could Be Fined?

Circumstance	Potential penalty
Willfully failing to depart after a final, executable removal order	Up to $998 for each day of noncompliance
Failing to leave within a voluntary-departure period	A separate civil penalty
Being apprehended while improperly entering or attempting to enter the United States	A separate civil penalty

eCFR 8 CFR 280.53 listing civil monetary penalties for immigration-related violations

eCFR | 8 CFR § 280.53 civil monetary penalties

DHS says it assesses the daily failure-to-depart fine for no more than five years before its penalty decision. Five years at the maximum rate would exceed $1.8 million, although the amount in any case depends on the facts, including periods when the person was authorized or unable to depart.

Highlighted eCFR excerpt showing up to $998 per day for willful failure to depart after a removal order

eCFR | Highlighted $998-per-day maximum under 8 CFR § 280.53

How Does an Appeal Work?

DHS may send a written penalty decision by regular mail. Service is complete when the decision is mailed, and an appeal generally must be postmarked within 15 business days of that service date. The clock does not start when the recipient opens the letter.

eCFR appeal rule stating 15 business days from service and delayed-mail exception

eCFR | Appeal deadline and delayed-mail provision

The final rule adds a provision for delayed mail. A person whose appeal is late because the decision arrived late may submit an explanation and available evidence. If U.S. Immigration and Customs Enforcement (ICE) finds that a delay beyond the person’s control caused the late filing, it will accept the appeal as timely and consider it. Anyone who receives a notice should contact an immigration attorney promptly and keep the envelope and proof of mailing.

What About the Court Order?

On September 30, a federal court stayed the 2025 interim rule and fines issued under it, pending a further order. DHS and DOJ published the final rule afterward, with a stated effective date of October 14. A person facing a fine should have counsel check which rule and court orders apply to the notice.

Does This Affect Visa or Green Card Applications?

The rule does not change the ordinary filing requirements for student visas, work visas or Green Card applications. It also does not change the EB-5 concurrent-filing rules for applicants eligible to file Form I-526E and Form I-485.

A pending application does not resolve an existing removal order. Anyone with a history of removal proceedings should have an immigration attorney review the record before filing a new application or making travel plans.

iCross × ARCFE will continue to follow the rule and related litigation for developments relevant to investors and families in the United States.

This article is for general information and does not constitute legal, immigration, tax or investment advice. Consult a qualified U.S. immigration attorney about an individual case.

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