A joint final rule from U.S. Immigration and Customs Enforcement (ICE) and the Department of Justice’s Executive Office for Immigration Review establishes a uniform system for assessing civil fines against foreign nationals who fail to depart the United States after receiving a voluntary-departure grant or a final removal order. The regulation, effective 14 October 2026, replaces a patchwork of guidance dating back to 1996 and completes a process that began with an interim rule in June 2025. Key provisions include tiered penalty amounts tied to the length of overstay and the nature of the violation, streamlined appeals procedures, and a new allowance for late-filed appeals when documented postal delays are outside the alien’s control. Penalties will accrue daily and may be referred to the Treasury Offset Program if unpaid. For global mobility managers, the rule underscores the importance of monitoring foreign employees in voluntary-departure status and counselling them on deadlines. Although employer sanctions are not part of this regulation, ICE officials noted in the preamble that data from the civil-penalty system will inform worksite-enforcement targeting. Immigration lawyers expect an uptick in Notices of Intention to Fine once ICE officers complete training on the new framework. Individuals who depart within the voluntary-departure window will avoid fines, but those who overstay could face penalties reaching tens of thousands of dollars—sums that can jeopardize future visa eligibility. Companies should review internal policies to ensure they do not inadvertently encourage or facilitate overstays.
Source: Federal Register
