On Friday, May 9, President Donald Trump unveiled a new executive order paving the way for seizing wages, vehicles, and other assets from immigrants who remain in the United States unlawfully and have not opted for self-deportation. Florida-based immigration attorney Willy Allen commented on the matter, explaining that without a deportation order, "it is very difficult to be fined for not leaving."
Although the exact implementation remains unclear, the initiative involves fines for undocumented individuals who do not voluntarily participate in President Trump's "Homeward Bound Project," the first self-deportation initiative in U.S. history, offering $1,000 to illegal immigrants who repatriate themselves. Allen noted that penalties for illegal presence in the United States have existed since 1996, amounting to $500 per day. However, this has been a rarely used measure until recently, with fines now ranging from $3,000 to up to $1 million.
Increasing Financial Penalties for Undocumented Immigrants
The mechanism for collecting these fines is yet to be determined, but it is anticipated that wage and property seizures would be used to cover the fines. The situation may worsen, as the Department of Homeland Security (DHS) plans to increase these penalties under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) to $998 per day.
Allen detailed that while the enforcement method remains uncertain, the 1996 law allows for a fine of up to $500 per day for those with a final deportation order who refuse to leave the United States. "Very few individuals have been fined," he remarked. The new Secretary of Homeland Security, who is responsible for imposing the fines, has stated that the fines will be raised to $998.
Legal Challenges and Concerns
This substantial fine can be "challenged in court," similar to other executive orders issued by Trump. However, the Secretary has warned that if individuals do not leave, their accounts can be seized, and their homes could be at risk. Allen shared an example of a Venezuelan client who was fined $3,000 for not voluntarily departing and mentioned a legal chat where a $1.8 million fine was discussed. "These fines are real, and they can be imposed," he emphasized.
The main issue is how these fines will be enforced. "The devil is in the details. The biggest problem for current residents, especially those with final deportation orders who haven't left, are these fines," the immigration expert explained.
Allen concluded by highlighting that while the executive action aims to impose fines on individuals without legal status who refuse to leave, it can be contested. Anyone without a deportation order can still challenge this in immigration courts, though the extent of their success remains uncertain.
Understanding Trump's Executive Order on Undocumented Immigrants
What is the "Homeward Bound Project" introduced by President Trump?
The "Homeward Bound Project" is an initiative by President Trump that encourages self-deportation by offering $1,000 to undocumented immigrants who voluntarily repatriate themselves.
How might the fines for undocumented immigrants be enforced?
While the exact enforcement method is undetermined, it is expected that wage and property seizures would be used to collect the imposed fines.
Can the fines imposed by this executive order be legally challenged?
Yes, these fines can be challenged in court, similar to other executive orders. However, the outcome of such challenges is uncertain.