Civil Penalties for Failing to Depart: DHS and EOIR Final Rule (October 2026)

Removal orders and voluntary departure grants carry financial consequences as well as immigration ones. On October 14, 2026, ICE and the Executive Office for Immigration Review published a final rule on the imposition and collection of civil penalties for certain immigration-related violations. It took effect the same day.

What the rule does

According to its summary, the rule finalizes an interim final rule issued on June 27, 2025, which streamlined the assessment of civil penalties under the INA for people who:

• fail to depart during a voluntary departure period;
• willfully fail or refuse to depart after a final order of removal, or engage in certain other prohibited conduct; or
• are apprehended while improperly entering or attempting to enter the United States.

The final rule adopts the interim rule with one change: it permits acceptance of a late-filed appeal based on documented mail delivery delays that ICE finds were beyond the person's control.

The statutes behind the penalties

The penalty for failing to depart after a final order is found in section 274D of the INA, 8 U.S.C. § 1324d. Inflation-adjusted amounts are listed in 8 C.F.R. § 280.53. Board decisions now include a standard notice of this exposure; the October 2026 precedent Matter of L. Ramirez, for example, warns of a civil penalty of up to $998 for each day a person with a final order willfully fails to depart or hampers departure. Voluntary departure carries its own penalty for failing to leave on time, and improper entry carries a separate civil penalty, both set by statute.

Voluntary departure is a commitment

Voluntary departure can avoid a formal removal order, but it is a promise to leave by a fixed date. Missing the deadline triggers the penalty and other bars. Before accepting it, compare the options carefully; see deportation versus voluntary departure. People who entered without inspection should understand how that history is treated; see what EWI status means.

Appeal deadlines and mail

The one change in the final rule concerns late appeals caused by mail delays beyond the person's control. That makes record-keeping important:

• Keep envelopes, postmarks and tracking records for every notice received from ICE.
• Note the date each notice actually arrived.
• File any appeal as early as possible rather than relying on the exception.
• Make sure ICE and the Immigration Court have the current mailing address.

Context

The rule cites Executive Order 14159 of January 20, 2025 as part of its background; earlier executive actions are summarized in key executive orders on immigration. Penalties do not replace other consequences of removal, such as bars on returning, described in when you can return after deportation.

Challenging agency action

Rules like this one can be challenged under the Administrative Procedure Act, which differs from a mandamus action to compel a delayed decision; APA delay claims versus mandamus explains the difference.

Who should be especially careful

People granted voluntary departure at the end of proceedings are generally required to post a departure bond and to leave by the date set in the order. People with final orders who are asked to obtain travel documents should keep proof of every step they take, because the statute targets willful failure or refusal to depart and conduct that hampers departure.

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Disclosure: Criminal Immigration Law collaborates with the law firm that publishes Mandamus.com and N600K.com; some articles link to their guides. General information only, not legal advice.