Judge Blocks DHS From Imposing $1.8 Million Fines on Migrants Who Miss Deportation Deadlines

U.S. District Judge George O'Toole in Boston ruled October 5, 2026, to block DHS from collecting or imposing civil fines of $998 a day -- reaching as much as $1.8 million when applied retroactively for up to five years -- against migrants who remained in the country after a final deportation order. The fines rely on a 1996 immigration law; DHS reported in July 2026 that it had issued more than 103,000 such fines totaling roughly $84 billion since Trump returned to office. Two migrants and the Immigrant Legal Resource Center had sued, arguing the fines used boilerplate notices that did not explain individual penalties and were adopted without the public comment period federal law requires.

O'Toole found the fines would likely push the plaintiffs into insolvency and that the government's 2025 procedural changes violated the Administrative Procedure Act. The injunction halts collection and new fines under the challenged process while the underlying suit continues; it remains unclear whether DHS will appeal to the First Circuit or revise its procedures.