Judge Blocks Fine on Migrants from Trump Administration

A federal judge has stopped the Trump administration’s efforts to impose fines on migrants, which could reach as high as $1.8 million for not leaving the country after receiving final deportation orders.

U.S. District Judge George O’Toole, based in Boston, made this decision on Monday. His ruling was a response to a class-action lawsuit filed last year by two migrants who, among many others, had been penalized by the Department of Homeland Security (DHS).

The judge provided preliminary relief for the plaintiffs, stating that the way fines were imposed violated federal law. He noted that migrants in a “financially precarious position” might be pushed into “insolvency” by having to deal with these fines.

“The plaintiffs are already in a vulnerable economic situation, and the government’s excessive fines only add to their struggles,” O’Toole explained.

Further commenting on the impact, he pointed out that the plaintiffs could face wage garnishment, loss of vehicles and homes, as well as lawsuits over collections. He emphasized that even if the migrants won the case, simply vacating the fines would not restore them to their previous circumstances.

O’Toole, appointed by former President Bill Clinton, highlighted that the plaintiffs had low-wage jobs and had come to the U.S. fleeing political violence. One plaintiff, referred to as Nancy M., was fined over $1.8 million. She is a laborer working two jobs and reported experiencing severe anxiety that affected her daily life.

The judge also indicated that the fine notices sent by the administration were not compliant with the Administrative Procedure Act, as they lacked specific reasons for why an individual’s actions warranted penalties.

As of July, DHS reported issuing over 103,000 fines to migrants, totaling approximately $84 billion since Trump took office again in January 2025. The DHS has justified these fines, saying that those who choose not to leave after a final removal order may incur fines of $998 each day.

While Congress had previously authorized civil penalties through the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, no prior administration attempted to impose such fines until Trump’s first term. In the previous year, the Trump administration began charging $998 daily to migrants who failed to leave, with potential fines retroactively assessed for up to five years, which could total $1.8 million.

In July 2025, DHS and the Justice Department made changes designed to simplify how fines were assessed, eliminating a 30-day notice period and expediting the process for contesting penalties. Plaintiffs successfully contested these changes, claiming that the fines were issued without proper evaluation of whether individuals refused to leave voluntarily.

Additionally, O’Toole noted that the administration did not follow necessary public rulemaking procedures when implementing its methods for levying fines.

Some congressional lawmakers, including Senators Alex Padilla and Dick Durbin, have questioned the application of these civil penalties, asking DHS and DOJ to hold off on their “improper application” against law-abiding immigrants.