DHS Rescinds Immigrant Fines Policy

Biden's DHS removes immigrant fines policy

Trump implemented immigrant fines policy

Immigration has always been a linchpin of the political identity of Donald Trump, the US’ former president, but not in a positive way. From 2017 to early 2021, the American population was able to witness how far the executive branch can go when it comes to an administration that wants to restrict immigration by all possible means.

One of the main focuses of former President Trump was always irregular immigration and, during his term, he and his team created multiple strategies to reduce the number of apprehensions at the borders and “teach a lesson” to foreigners who managed to enter the country without legal documentation through punitive and strict policies.

To give a specific example, in 2018, the Trump administration ordered ICE (Immigration and Customs Enforcement) to issue civil fines to certain immigrants seeking sanctuary in the US after receiving a removal order. In other words, dozens of immigrants received letters from ICE officers, stating that they had to pay a fairly high fine for staying in the country after receiving a final deportation order.

It is important to clarify two things:

  1. For 20 years, ICE has had the authority to issue penalties related to civil fines for immigrants who do not depart when they receive a removal order, but the Trump administration was the first to use this policy and officially implement it.
  2. The term sanctuary, which is usually related to houses of worship, religious organizations, humanitarian foundations or cities, refers to places that adopt measures and regulations that ban the cooperation with border entities such as ICE to detain and deport undocumented immigrants.

Do you need to complete your immigration process, but don’t know how? Don’t worry, Motion Law Immigration’s team can help you. Contact us today, schedule a FREE Consultation, and follow the advice of our experienced attorneys!

Biden’s DHS removes immigrant fines policy

On April 23, 2021, Biden’s DHS (Department of Homeland Security) rescinded Trump’s civil fines policy, which affected immigrants seeking sanctuary in the US and who, for the most part, are in need of international protection to save their lives.

In fact, it is important to mention that the current administration had suspended this policy since January 20, when President Biden took office. However, the DHS statement permanently removes this rule and bans ICE officials from issuing civil fines to foreigners who are under so-called sanctuary jurisdictions.

Alejandro Mayorkas, the DHS secretary, stated that civil penalties for failure to depart are not effective nor did they demonstrate that immigrants complied with removal orders after the policy was implemented. On the contrary, “There is no indication that these penalties promoted compliance with noncitizens’ departure obligations (…) We can enforce our immigration laws without resorting to ineffective and unnecessary punitive measures”.

Do you need help with an immigration case of any kind?

Now that there is a new administration leading the White House, it is imperative to follow expert advice during your immigration process. Having the constant accompaniment of experienced attorneys is important mainly because the immigration system is going through a series of changes under the Biden administration and because the national vaccination project is already underway, which is gradually reducing the health risk.

Therefore, many existing immigration processes have changed recently and it is best to avoid unnecessary inconvenience by following the advice of experts who are up to date with recent immigration policies and measures implemented by the new administration on the US immigration system.

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.