Boston – U.S. District Judge George O’Toole issued a preliminary injunction on Monday that stops the Trump administration from enforcing a newly‑expanded civil‑penalty program targeting migrants who fail to depart the United States after receiving final removal orders. The ruling comes in a class‑action lawsuit brought by two migrants who say they have been assessed unlawful fines by the Department of Homeland Security (DHS).
Administration’s enforcement rationale
President Trump’s second term has placed a renewed emphasis on immigration enforcement, and the administration argues that the fine structure – up to $998 per day, potentially reaching $1.8 million after five years – is a lawful tool authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Officials contend that the penalties serve as a deterrent against willful non‑compliance with removal orders and help recover costs associated with prolonged detention and administrative processing.
In July 2025, DHS and the Justice Department announced a streamlined process that eliminated a 30‑day notice period and shortened the time for challenging penalties. The administration says the changes improve efficiency, reduce bureaucratic delays, and protect taxpayers from the expense of individuals who remain in the country after a final order.
Judge’s findings and concerns
Judge O’Toole, appointed by former President Bill Clinton, found that the administration’s implementation violated the Administrative Procedure Act. He noted that the DHS‑issued forms did not contain specific allegations explaining why a particular migrant’s conduct warranted a fine, and that the agency failed to provide the public an opportunity to comment on the rule change.
“The plaintiffs live in an economically precarious position even without the imposition of the government’s exorbitant fines,” the judge wrote, adding that collecting the penalties could push the plaintiffs into insolvency. He therefore ordered a halt to the fine‑assessment process while the case proceeds.
Impact and reaction
According to DHS, more than 103,000 fines have been issued since President Trump returned to the White House last year, amounting to roughly $84 billion in total assessments. The administration has not provided an immediate comment on the ruling.
Critics of the policy argue that the fines amount to a punitive tax on vulnerable individuals and that the lack of individualized findings undermines due‑process protections. Supporters, however, maintain that strong enforcement is essential to uphold the rule of law and to deter illegal stay after a removal order.
Legal next steps
The plaintiffs, represented in part by the Immigrant Legal Resource Center, will continue to challenge the policy’s legality. The administration may appeal the injunction, arguing that the fines are within statutory authority and that the procedural objections are overstated.
As the case moves forward, the broader debate over immigration enforcement and the balance between national security and individual rights remains a focal point for policymakers and the public alike.
Original reporting: Appleton, WI News Feed (HLL/CB) — read the source article.
