A federal judge in Boston on Monday, October 5, 2026, blocked the Department of Homeland Security from enforcing civil fines of up to $1.8 million against immigrants who remain in the United States after a final deportation order. U.S. District Judge George O'Toole issued the injunction in a class-action lawsuit, stopping the penalties while the case proceeds in the U.S. District Court for the District of Massachusetts. DHS had no immediate comment.

How do the fines work?

Beginning last year, the administration assessed fines of $998 per day on immigrants who did not leave the country after a deportation order. The fines were applied retroactively for up to five years, which produces the maximum penalty of $1.8 million.

As recently as July, DHS said it had issued more than 103,000 fines totaling about $84 billion since President Donald Trump returned to office.

Congress authorized civil penalties of this kind in the 1996 Illegal Immigration Reform and Immigrant Responsibility Act. No administration enforced them until Trump's first term.

Who is challenging the policy?

The class action was filed against DHS, Immigration and Customs Enforcement and the Justice Department. The Legal Aid Society, Public Justice and the Refugee and Immigrant Center for Education and Legal Services (RAICES) announced the suit on November 20, 2025.

The plaintiffs are:

• Maria L. of Massachusetts
• Nancy M. of Florida, who faces a fine of about $1.82 million
• The Immigrant Legal Resource Center, a legal advocacy organization

The plaintiffs challenged the fine policy itself and what they described as an ICE practice of issuing fines on boilerplate forms. They said the agency did not independently assess whether a person's failure to leave was "willful" or "voluntary."

What did the judge find?

O'Toole ruled that the fines violated the Administrative Procedure Act. He found that the forms ICE used did not contain specific allegations explaining why an individual's conduct warranted a penalty.

He also found that the administration did not follow required rulemaking procedures when it streamlined the process. In July 2025, DHS removed a 30-day notice period and curtailed appeals. The judge ruled that the change required public notice and comment, which the government did not provide.

"The plaintiffs live in an economically precarious position even without the imposition of the government's exorbitant fines," O'Toole wrote.

What remains in force?

The order is not a final judgment. Because it is an injunction issued while the case continues, the lawsuit proceeds in the Massachusetts federal court.

The government may still enforce penalties under the procedures that were in place before the 2025 changes, according to reporting on the decision. The ruling applies only to the policies challenged in the case.

DHS said as of July that it had issued more than 103,000 fines. Affected immigrants and their representatives should track filings in the Massachusetts court and announcements from DHS for the current status of enforcement. This article reports on a court decision and does not constitute legal advice for any individual case.