The Department of Homeland Security of the United States (DHS) has decided to ratify the final civil immigration fines imposed between June 27, 2025, and October 13, 2026 through a procedure that came into effect last year, a measure that affects foreigners sanctioned for noncompliance with certain immigration obligations and may have consequences for Cubans with deportation orders.
The decision is mentioned in the official notice "Ratification of Civil Penalties", signed by the Secretary of Homeland Security, Markwayne Mullin, and made available to the public this Friday, October 23. Its publication in the Federal Register is scheduled for Monday, October 26.
The novelty does not lie in imposing new sanctions or increasing the amounts owed. What the DHS does is formally confirm the administrative validity of already definitive sanctioning decisions, adopted under the provisional rules that began to take effect in June 2025.
However, the notice introduces a particularly important element for those who received a fine during that period: a 21-day period to file claims with ICE for potential damages caused by the provisional procedure.
This option is limited. It does not constitute a new appeal nor does it guarantee that the agency will reduce or eliminate a sanction.
What fines is the U.S. government confirming?
The ratification encompasses the final decisions issued through the procedures established in part 281 of title 8 of the Code of Federal Regulations, related to three provisions of U.S. immigration legislation.
- Do not leave the United States after a final deportation order: fines that can accumulate daily when it is determined that a person voluntarily fails to comply with their obligation to leave the country.
- Failure to comply with a voluntary departure: penalties for not leaving U.S. territory within the timeframe granted under that immigration mechanism.
- Illegal entry or attempted illegal entry: civil fines are provided for certain offenses related to entering the country.
The measure covers the final sanctions issued from June 27, 2025, to October 13, 2026.
The document sets forth exceptions: fines revoked on appeal, those currently awaiting resolution of an appeal, and those that were reopened and annulled according to the appropriate procedure are not included.
Therefore, it does not mean that every notification of a fine received during that period has automatically been confirmed, regardless of its procedural status.
Why does ICE now reaffirm the sanctions?
The origin of the decision lies in the provisional rules that the DHS and the Executive Office for Immigration Review (EOIR) approved on June 27, 2025, to modify the procedure for imposing and collecting certain civil fines.
That regulation began to be implemented immediately. Although the agencies believed they could request legal exceptions to the standard public consultation procedure, they opened a period for receiving comments, during which 28 observations were submitted.
On October 14, 2026, the final version of the regulation was published, which kept the previous procedure practically intact.
The only relevant modification was to allow ICE to accept certain late appeals when the affected party can provide documented evidence of postal delays beyond their control.
That change had already been explained in a report on the new conditions for submitting late appeals against immigration fines.
Now, the DHS is taking an additional step to reinforce the decisions made before the final regulation was published.
According to the notice, the ratification aims to "resolve any uncertainty" related to the previous procedure.
The department clarifies that it is adopting the measure as a precaution and that this does not mean it acknowledges that previous fines were invalid.
In practical terms, the decision aims to reduce potential challenges to the validity of the sanctions based solely on how the provisional regulation was approved. It does not, by itself, eliminate other legal defenses that may apply to an affected party.
The 21-Day Deadline: Who Can Claim and How to Do It
The most pressing aspect of the new notice is the opportunity to file an administrative claim with the Immigration and Customs Enforcement (ICE).
The procedure is aimed at individuals sanctioned under the provisional rules who believe they have suffered harm as a result of the application of this procedure.
DHS states that the claim must be received by ICE within 21 days following the official publication of the notice in the Federal Register.
Since the publication is scheduled for Monday, October 26, the deadline would correspond to November 16, 2026, provided that date remains unchanged. Interested parties should verify the final deadline in the published version.
The enabled email address is: IFRCivilFinesReview@ice.dhs.gov
The notice specifies what information must be submitted so that the agency can review the claim.
The subject line of the email must include:
- Full name of the sanctioned person.
- Date of birth.
- Alien Registration Number, known as number A.
The claim must also include:
- Current address of the affected person.
- Updated phone number.
- Follow-up number of the fine (penalty tracking number).
- Invoice number (invoice number), when applicable.
In addition to identifying the sanction, the interested party must explain what specific harm they believe they suffered due to the application of the provisional rules, as this is the only type of claim that the notice considers.
ICE expressly warns that it will not review applications lacking the required information.
The agency will assess whether the alleged harm is substantiated and, if so, what remedy might be appropriate. The document does not guarantee a favorable response nor does it establish an automatic reduction of the claimed amounts.
It is important to distinguish this procedure from the ordinary appeal against a fine. The 21-day deadline does not replace the existing appeal deadlines nor does it allow for the reopening of any case simply due to disagreement with the sanction.
What does it mean for Cubans with I-220A and deportation orders?
The decision is particularly significant for Cuban immigrants residing in the United States with unresolved immigration situations, especially those who have a final deportation order and have received a fine notice from ICE.
The I-220A form, by itself, does not mean that a person has a final deportation order or that they are automatically subject to these fines. It is necessary to examine the case status and the specific circumstances.
In the case of those who do have a final order, one of the central points is to determine whether there is a voluntary failure to comply with the obligation to leave the country.
The situation can become especially complex when a person has not been able to be deported to Cuba due to practical, documentary, or issues related to the acceptance of their return.
Those circumstances should not be automatically confused with a deliberate refusal to leave the United States, although they also do not represent a general exemption from sanctions.
The economic effects of these fines can be substantial. This week it was reported that a federal judge in Florida issued a judgment of $668,390.95 against a Honduran immigrant for violating a deportation order.
That case, which does not pertain to a Cuban citizen, illustrates the potential consequences of a migration debt when it reaches federal courts and becomes an enforceable judicial judgment.
Sanctions exceeding one million dollars have also been reported, highlighting the extent to which fines can accumulate over prolonged periods.
However, the ratification announced by the DHS does not mean that all administrative fines automatically become court judgments. These are different procedures, although an administrative sanction may subsequently lead to collection actions.
On the other hand, Cubans who still have pending immigration processes must distinguish between a final deportation order and a decision that can still be appealed.
A immigration attorney recently explained the importance of timely appealing deportation orders, which is a separate matter from the extraordinary 21-day procedure established in the new notice.
What to do if you have already received a fine from ICE
Those who have received a migration sanction should start by verifying the date it was issued, whether the decision is final, and if there is any pending appeal.
It is also important to identify which legal provision was used to impose the fine and whether the case was processed in accordance with the provisional rules in effect between June 2025 and October 2026.
If you believe that this procedure has caused you specific harm, you may consider the possibility of filing a claim within the timeframe established by the DHS.
However, before sending personal information or filing legal arguments, it is advisable to consult with an immigration attorney, especially if there is an pending appeal, a deportation order, ongoing litigation, or a collection process.
The new notice confirms that the U.S. government intends to uphold the stringent sanctions imposed under the previous regulations. At the same time, it allows for a limited opportunity for those affected to present any potential harms related to that process.
For Cubans who have been fined, the difference between a final sanction, a pending appeal, and a claim for damages can be crucial. The 21-day deadline requires immediate attention, but it should not be interpreted as a general opportunity to overturn all ICE fines.
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