The president Donald Trump plans to radically tighten sanctions against undocumented immigrants who have received final deportation orders.
According to documents reviewed by the agency Reuters, these plans include daily fines of up to $998 for those who do not voluntarily leave the United States, as well as the possibility of seizing their properties if they fail to pay these fines.
The sanctions are based on a legal provision dating back to 1996, which was first applied in 2018 during Trump's first term.
According to a senior official of the president, who requested anonymity due to the plans still being private, the new administration intends to apply these fines retroactively for up to five years, which in some cases could result in debts of over one million dollars.
Application and sanction mechanisms
Internal government emails reviewed by Reuters indicate that the White House has pressed the Customs and Border Protection (CBP) to implement the fine system, as well as to handle the confiscation and sale of property from immigrants who are unable or unwilling to pay.
It also mentions the possible involvement of the civil asset forfeiture division of the Department of Justice, which would provide a legal framework for proceeding with the seizures.
The potential implementation of the measure has been immediately celebrated on social media by conservative sectors.
Others have reacted with shock or mockery along the lines of: "And if they don’t pay, they don’t let them out?", questioning what many consider to be an unrealistic measure.
The spokesperson for the Department of Homeland Security (DHS), Tricia McLaughlin, explained to Reuters in a statement that undocumented immigrants should use the CBP Home mobile app to voluntarily leave the country.
“If they don't, they will face the consequences,” he warned.
“This includes a fine of $998 per day for each day that the undocumented immigrant exceeds the deadline of their final deportation order,” he added.
The DHS had already warned about these fines in a post made on social media on March 31st.
Political pressure and internal conflicts
From the White House, the National Security Council and Stephen Miller, Deputy Chief of Staff for Policy, have led the push for CBP to take control of the sanctions system.
However, a memorandum from the CBP issued on April 1 suggests that the responsibility should fall on the Immigration and Customs Enforcement (ICE), stating that the current systems of the CBP are not technically equipped to handle these fines.
The technological upgrade would involve high costs and significant delays.
Additionally, it is estimated that at least 1,000 new paralegal specialists would be necessary, a substantial increase from the current 313.
Potential impact on millions of immigrants and their families
The new measures are aimed directly at the 1.4 million migrants who have a deportation order issued by an immigration judge.
However, many of these individuals are already integrated into American society, with families, jobs, and other deep connections.
The group FWD.us, an advocate for immigrants' rights, warned that these policies could severely impact the approximately 10 million undocumented immigrants living in households with U.S. citizens or permanent residents, known as "mixed-status households."
Moreover, according to an analysis by the Institute for Immigration Policy, a non-partisan organization, 26% of households with unauthorized immigrants live below the federal poverty line, which would make these fines nearly impossible for many families to pay.
Critiques and potential legal challenges
The punitive approach has been widely criticized by experts and former officials.
Scott Shuchart, who served as a senior policy official at ICE during the Biden administration, stated that these fines could be challenged legally, but their purpose goes beyond law enforcement.
“Their goal is not really to enforce the law, but to instill fear in the communities,” he stated.
It is worth noting that President Joe Biden suspended these sanctions upon taking office in 2021 and formally rescinded them as part of a shift in immigration policy.
Although the start date for these sanctions has not yet been officially announced, and the DHS has not provided further comments on their implementation or Stephen Miller's specific role, the plans represent a significant escalation in Trump’s immigration policy.
The retroactive application, the threat of asset confiscation, and the hefty fines suggest a strategy aimed at permanently deterring the presence of undocumented immigrants.
Frequently Asked Questions about Fines for Undocumented Immigrants in the U.S.
How much will undocumented immigrants who do not self-deport from the U.S. have to pay?
Undocumented immigrants will be required to pay a fine of $998 per day if they do not voluntarily leave the United States after receiving a final deportation order. This measure is based on a legal provision from 1996, which aims to discourage the presence of undocumented immigrants in the country.
What other penalties will immigrants face if they do not pay the fines?
In addition to daily fines, immigrants' properties could be confiscated if they fail to comply with the payment of sanctions. The White House has pressured the Customs and Border Protection (CBP) to implement this fine system, as well as to oversee the confiscation and sale of assets belonging to those who cannot or will not pay.
How can immigrants notify their voluntary departure from the U.S.?
To notify their voluntary departure, undocumented immigrants can use the CBP Home mobile app. This tool allows immigrants in irregular situations to inform the authorities of their decision to leave the country in an orderly manner, avoiding more severe consequences.
What is the potential impact of these measures on immigrant families?
The policies regarding fines and penalties could severely affect the approximately 10 million undocumented immigrants living in households with U.S. citizens or permanent residents. Many of these families are already integrated into American society, and imposing such high fines could lead to significant economic hardships.
What do critics say about this policy of fines for undocumented immigrants?
Critics argue that these fines could be legally challenged and that their true aim is to instill fear in immigrant communities. Experts and former officials have pointed out that the punitive approach of these measures seeks to discourage the presence of undocumented immigrants through fear and economic pressure.
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