Homeland Security Ratifies All Immigration Civil Penalties Issued Since June 2025

The Department of Homeland Security ratified on 26 October 2026 every final civil penalty decision issued to immigrants under the interim procedures of 8 CFR part 281, retroactively validating fines imposed between 27 June 2025 and 13 October 2026. The ratification, signed by Secretary Markwayne Mullin and published by U.S. Immigration and Customs Enforcement in the Federal Register (Vol. 91, No. 205, Notices, FR Doc. 2026–21751), relates back to the original date of each penalty and opens a claims window that closes on 16 November 2026.

The measure closes a procedural gap opened by the joint interim final rule that DHS and the Executive Office for Immigration Review published on 27 June 2025 under the title “Imposition and Collection of Civil Penalties for Certain Immigration-Related Violations” (90 FR 27439). That rule replaced the procedures of 8 CFR part 280 with a new regime codified at 8 CFR part 281, effective on publication, for penalties authorised by three provisions of the Immigration and Nationality Act: 8 U.S.C. 1324d(a)(1), 1229c(d) and 1325(b) — failure to depart after a final removal order, failure to depart voluntarily, and improper entry.

The interim rule was opened to public comment through 28 July 2025 and drew 28 submissions. After reviewing them, the two departments adopted it as final on 14 October 2026 (91 FR 65390), with a single modification. The ratification notice states that the final rule “has no material difference” from the interim text for penalties already assessed, so 8 CFR part 281 remains the operative procedure in both periods.

Scope and exclusions

The Secretary ratifies all final civil penalty decisions “as defined in 8 CFR 281.1(f)(3)” issued under the interim adoption of 8 CFR part 281 from 27 June 2025 through 13 October 2026, with three carve-outs:

• Penalties reversed on appeal.
• Penalties currently pending appeal.
• Penalties otherwise reopened and rescinded pursuant to 8 CFR 281.1(f)(1).

The notice describes the move as a precaution: DHS is issuing the ratification “out of an abundance of caution,” and it “is not a statement that the fines covered by this ratification would have been invalid absent this ratification.” It invokes established case law under which ratification “purges any residual taint or prejudice left over from” a potential defect in a prior governmental action.

The one substantive change

The final rule of 14 October 2026 altered only the appeal channel: it now permits ICE to accept a late-filed appeal where documentary evidence shows a mail delivery delay beyond the alien’s control. The 15-business-day filing window of 8 CFR 281.1(e)(1) is otherwise retained, as is the single-stage process that replaced the former notice-of-intent-to-fine procedure.

The ratification does not reach employer sanctions. Penalties against employers for hiring unauthorised workers are governed by separate provisions of the immigration statute, which the interim rule did not amend.

Claims of prejudice until 16 November

Any respondent alien who asserts prejudice from the interim regulations may raise it directly with ICE, which will evaluate whether prejudice is shown and what remedy, if any, is appropriate. The notice stresses this is not an additional appeal mechanism. Claims must be emailed to IFRCivilFinesReview@ice.dhs.gov and must include:

• Full name, date of birth and alien registration number.
• Current address and current telephone number.
• The penalty tracking number of the applicable civil penalty.
• The invoice number, if applicable.

ICE will not review claims missing any of those elements, and all submissions must be received on or before 16 November 2026. Enquiries are handled by the Office of the General Counsel, DHS, Washington, DC 20528.

The practical effect is that the roughly sixteen months of fines issued during the interim period now carry a settled legal footing, while the only route left open to respondents is a narrow prejudice claim with a three-week deadline. For immigration litigants, the notice removes a procedural argument from pending challenges but preserves a factual one; for the agency, it forecloses the risk that penalties assessed before the October final rule could be unwound on procedural grounds.

Source: Federal Register, Vol. 91, No. 205, 26 October 2026, Notices, p. 67325 (official reference: FR Doc. 2026–21751).