An undocumented immigrant from Honduras, living in Florida and mother to three children who are U.S. citizens, is facing a $1.82 million civil penalty from the Immigration and Customs Enforcement (ICE) for not complying with a deportation order issued back in 2005. According to a report from CBS News, the 41-year-old woman received an official notice from ICE on May 9, demanding $500 for each day she remained in the United States beyond the order to leave the country 20 years ago.
The fine is based on the Immigration and Nationality Act of 1952, a legal framework that is rarely utilized to impose such penalties. Michelle Sánchez, the attorney representing the immigrant, explained that her client missed an immigration hearing in April 2005, resulting in a deportation order issued in her absence. However, Sánchez argues that the woman has since lived peacefully in the U.S. with no criminal record and has built a family with her three American-born children, who would face "extreme and exceptionally unusual hardships" if their mother were deported.
In 2024, Sánchez filed a motion to reopen the case and void the deportation order, but ICE rejected the request in March this year, citing the absence of clear guidelines on prosecutorial discretion under the current administration. "ICE is terrorizing people without even arresting them, sending these notifications with exorbitant fines that often exceed what a person earns in their lifetime," Sánchez criticized.
The attorney cautioned that while the notification allows for the penalty to be contested through a personal interview with ICE, doing so without legal advice could lead to immediate deportation. "It's like walking into the lion's den," she warned. Sánchez announced plans to appeal the fine, arguing that her client was never properly informed about the consequences of not leaving the country following the removal order.
This case marks one of the first instances where ICE has applied the civil provisions of the 1952 Act to impose such significant financial penalties. Under the Trump administration, the government has consistently emphasized its commitment to using all available legal mechanisms to toughen immigration policy, including requiring registration for those residing illegally in the country and imposing fines, prison sentences, or both.
Understanding the Implications of ICE's Actions
What triggered the $1.82 million fine for the immigrant mother?
The fine was triggered by the woman's non-compliance with a deportation order issued in 2005, resulting in a penalty of $500 for each day she remained in the U.S. illegally.
Why is the 1952 Immigration and Nationality Act rarely used for such fines?
The 1952 Act is seldom used for imposing fines because it primarily serves as a framework for immigration policy rather than a tool for financial penalties.
What are the potential consequences of attending an ICE interview without legal counsel?
Attending an ICE interview without legal counsel could lead to immediate deportation, as the individual might inadvertently incriminate themselves without understanding the legal ramifications.