Legal Battle Resurfaces Over Hefty Fines on Cubans in the U.S.: Government Faces Allegations of Defying Court Orders

Significant fines, potentially reaching millions of dollars, have been levied against certain immigrants, including Cuban nationals, for failing to leave the United States. These penalties are now at the center of renewed legal proceedings.

In a class-action lawsuit, plaintiffs allege that the Department of Homeland Security (DHS) is attempting to uphold penalties previously halted by a federal judge.

Last Friday, the plaintiffs' legal team filed two emergency motions with the U.S. District Court for Massachusetts. They argue that the government violated a judicial order by enacting a new regulation and affirming fines issued under a suspended procedure, according to legal publication Law360.

This legal dispute is part of the ongoing case Maria L. v. Mullin, case number 1:25-cv-13471, presided over by federal judge George A. O'Toole Jr.

Challenging the Legality of Immigrant Penalties

The lawsuit challenges the legality of imposing massive financial penalties on immigrants accused of defying deportation orders or voluntary departure instructions.

The conflict dates back to September 30, when Judge O'Toole ordered a halt to a provisional regulation approved in June 2025 and the fines imposed under that regulation, pending further litigation.

At the time, the judge found that plaintiffs might prove authorities employed an unlawful procedure and failed to adequately consider individual circumstances of those fined.

Under U.S. law, simply remaining in the country after a final deportation order is not sufficient for penalties. Authorities must prove a deliberate refusal to leave the country or voluntary non-compliance with legal obligations.

Controversial Government Decisions

Subsequent actions by the federal government have sparked controversy. On October 14, the DHS and the Department of Justice issued a final rule on imposing and collecting civil immigration fines, maintaining the procedure set in June 2025.

Then, on October 26, an official notice confirmed certain definitive fines imposed between June 27, 2025, and October 13, 2026. This confirmation excluded any penalties overturned on appeal, those still pending appeal, and those re-opened and annulled according to proper procedures.

The DHS stated that the confirmation aimed to clarify previous administrative decisions, asserting that this action did not imply the fines were invalid.

However, plaintiffs argue these actions contravened the September court order suspending the provisional regulation and associated penalties.

Filing these motions does not mean the judge has found the government in contempt or definitively overturned the confirmed fines. The court will ultimately resolve the legality of these sanctions.

Impact on Cubans Facing Deportation Orders

This legal battle holds particular significance for Cuban immigrants in the U.S. with final deportation orders who, for various reasons, have been unable to return to Cuba.

A case in point involves a Cuban resident in Arizona, known as Sánchez, who was fined $1,820,252 for staying in the U.S. despite a deportation order. As a gardener and father of three U.S.-born children, he expressed deep concern over his family's future.

Fines for deliberately disobeying a final deportation order can reach up to $998 per day, explaining why some penalties exceed a million dollars.

The class-action lawsuit was filed on November 20, 2025, by legal aid organizations including Public Justice, The Legal Aid Society, and RAICES, representing two immigrants identified as Maria L. and Nancy M., alongside the Immigrant Legal Resource Center.

According to Public Justice, the lawsuit aims to represent over 21,500 individuals affected by fines totaling more than $6 billion at the time.

For Cuban immigrants with documents like the I-220A, it’s critical to differentiate between being under supervision and having a final deportation order. The I-220A alone does not signify a definitive removal order nor automatically subject individuals to these fines.

Individual cases where deportation hasn't occurred due to Cuba's refusal to accept returns or due to documentary and administrative obstacles should be examined. These factors could impact whether there was a voluntary refusal to leave the U.S.

Administrative Appeals and Financial Implications

As the litigation continues, affected individuals face an urgent matter: the deadline for filing administrative claims with the government is November 16, 2026. The Federal Register notice allows 21 days for affected parties to present claims to ICE for specific harms from the provisional procedure used to impose fines.

This mechanism was previously outlined in information about fines confirmation and does not constitute a new general appeal, nor does it guarantee ICE will reduce or cancel the fines.

Affected individuals must identify their fine, provide required agency data, and clarify the specific harm caused by the provisional procedure.

The existence of a lawsuit does not automatically extend this deadline. Sanctioned individuals need to review their particular situation and available legal options before the period expires.

The final regulation includes an exception for certain late appeals when there is evidence of postal delays beyond the immigrant's control, which differs from the 21-day extraordinary claim process.

The economic impact of these penalties can extend beyond ICE's administrative decisions. On October 21, a Florida federal judge issued a judgment exceeding $668,000 against a Honduran immigrant for voluntarily violating a final deportation order. In that instance, the fine became an enforceable court judgment, allowing the government to use legal collection mechanisms.

Though unrelated to a Cuban citizen, this case sets a significant precedent. This ongoing situation could potentially impact thousands of Cubans with deportation orders in the U.S. Stay updated with the latest legal developments in our Immigration in the U.S. section.