Former President Donald Trump is contemplating a dramatic increase in penalties for undocumented immigrants who have been ordered to leave the United States. As per documents reviewed by Reuters, Trump plans to levy daily fines of up to $998 for individuals who fail to voluntarily depart, potentially confiscating their property if these fines remain unpaid. This approach is rooted in a legal provision from 1996, which was first enforced during Trump's initial term in 2018.
An anonymous senior official from Trump's circle disclosed that the administration intends to apply these fines retroactively for up to five years, potentially resulting in debts exceeding a million dollars in some instances.
Enforcement and Penalty Mechanisms
Internal government emails reviewed by Reuters reveal that the White House is urging U.S. Customs and Border Protection (CBP) to implement the fine system and manage the seizure and sale of assets from immigrants unable or unwilling to pay. The Department of Justice's civil asset forfeiture division might also be involved, providing a legal framework for property confiscations.
The proposed measure has been met with swift approval from conservative circles online, while others have reacted with disbelief or ridicule. "If they don't pay, do they not let them leave?" some have mocked, questioning the practicality of the measure.
Tricia McLaughlin, a spokesperson for the Department of Homeland Security (DHS), informed Reuters that undocumented immigrants should use the CBP Home mobile app to leave the country voluntarily. "If they don't, they will face consequences," she warned. "This includes a $998 fine for each day they overstay their final deportation order."
Political Pressure and Internal Conflicts
From the White House, the National Security Council and Stephen Miller, Deputy Chief of Staff for Policy, have been spearheading the push for CBP to manage the sanction system. However, an April 1 memo from CBP suggests that the responsibility should fall on Immigration and Customs Enforcement (ICE), citing that CBP's current systems are technically unprepared for such a task. The technological upgrades would incur significant costs and delays, and an additional 1,000 paralegals would be required, a substantial increase from the current 313 positions.
Impact on Millions of Immigrants and Their Families
The new measures target the 1.4 million migrants with deportation orders from immigration judges. However, many are deeply rooted in American society, with families, jobs, and other significant ties. FWD.us, an immigrant rights advocacy group, cautioned that these policies could severely affect the roughly 10 million undocumented immigrants living in "mixed-status" households, where some members are U.S. citizens or permanent residents.
Furthermore, a report by the Migration Policy Institute, a nonpartisan organization, noted that 26% of households with unauthorized immigrants are below the federal poverty line, making these fines virtually impossible for many families to afford.
Criticism and Potential Legal Challenges
The punitive approach has faced extensive criticism from experts and former officials. Scott Shuchart, a senior policy official at ICE during the Biden administration, stated that these fines could be legally challenged, but their true intent is to instill fear within communities. "Their aim is not truly law enforcement but to project fear," he asserted.
Notably, 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 official start date for these fines has not been announced, and DHS has not provided further comments on their implementation or Stephen Miller's specific role, the plans signify a significant escalation in Trump's immigration stance. The retroactive application, threat of property seizure, and steep fines indicate a strategy aimed at permanently deterring undocumented immigrants from remaining in the country.
Understanding Trump's Proposed Immigration Sanctions
What is the daily fine proposed for undocumented immigrants who don't self-deport?
The proposed daily fine is up to $998 for each day an undocumented immigrant stays in the U.S. beyond their final deportation order.
How might these fines impact mixed-status households?
Mixed-status households, where some members are U.S. citizens or permanent residents, could face severe financial strain, as many live below the federal poverty line and may find it impossible to pay such fines.
Who is expected to enforce the new sanction system?
The White House is pressing CBP to enforce the system, although an internal memo suggests ICE should be responsible due to technical readiness issues with CBP's current systems.