A federal judge in Boston has stayed an Immigration and Customs Enforcement rule that allowed the agency to levy civil fines against immigrants who failed to leave the country after a removal order, finding the rule likely conflicts with the Immigration and Nationality Act (INA), the statute that governs most of federal immigration law. Judge George A. O'Toole Jr. issued the order on September 30 in the U.S. District Court for the District of Massachusetts, blocking enforcement of any fines imposed after the rule took effect while the underlying lawsuit continues.

The ruling halts, for now, a Trump administration enforcement push that produced more than 103,000 fines totaling roughly $84 billion, with individual penalties reaching as high as $1.8 million. The Department of Homeland Security (DHS) and ICE had used civil lawsuits, seizure of tax refunds, and referrals to outside debt collectors to pursue payment. The stay does not resolve the case on the merits — it is a preliminary measure keeping the fines unenforceable while litigation proceeds, and the scope of what it covers beyond the named plaintiffs has not been spelled out in the public record.

What the Judge Found

Judge O'Toole concluded the ICE rule likely conflicts with the INA, the federal statute that authorizes civil penalties for certain immigration violations, including failing to depart after a removal order. His September 30 order stayed the rule — meaning it is suspended and cannot be enforced — while the broader lawsuit challenging it moves forward.

The order also blocked enforcement of any fines that had already been imposed under the rule since it took effect. That means fines issued through the streamlined process are currently unenforceable, though the order does not erase the underlying statutory authority ICE has long held to fine people for these violations.

The Rule ICE Used to Issue Fines

The fines themselves are not new. They have long been authorized under the INA, but ICE did not actively enforce them until the first Trump administration. What changed under the interim final rule challenged in this case was the process: it streamlined how ICE calculated and issued these penalties, allowing the agency to move more quickly and at a far larger scale than before.

An interim final rule is a type of regulation that takes effect immediately, without the advance public notice-and-comment period normally required under the Administrative Procedure Act (APA), the federal law governing how agencies write and justify regulations. Agencies can sometimes skip that process by citing good cause, but doing so invites exactly the kind of legal challenge now pending in Massachusetts.

How the Fines Were Collected

Once a fine was issued, the government did not rely solely on a notice in the mail. The administration brought civil lawsuits seeking payment, seized federal tax refunds owed to fined individuals, and referred unpaid balances to outside debt collectors — the same tools used to recover other types of federal debt.

The Scale of the Fines

DHS disclosed in July that it had issued more than 103,000 fines totaling approximately $84 billion. Individual penalties reached as high as $1.8 million per person, figures that reflect an enforcement effort far larger than anything seen under the INA's fine authority before this rule took effect.

Why the Court Sided With Plaintiffs

Central to the judge's reasoning was a finding that ICE and DHS failed to consider the individual circumstances of people hit with the fines. The order noted that both named plaintiffs in the case were actively pursuing lawful immigration relief, with one of them already approved for an immigrant visa and permanent residency — undercutting the idea that they were simply ignoring removal orders.

That detail mattered to the court's assessment of whether the streamlined process properly accounted for people who were complying with immigration authorities even as they remained in the country while their cases were pending.

The Case and the Plaintiffs Behind It

The case, Maria L. v. Noem, was filed as a class action roughly a year before the stay was granted. It alleges the ICE rule violated public notice requirements under the APA as well as the Fifth Amendment's due process clause and other constitutional protections. Two individual plaintiffs, represented by a coalition of immigrant advocacy groups, asked the court specifically for a stay of the rule.

Plaintiffs are represented by the Legal Aid Society, the Immigrant Center for Education and Legal Services, the Free Migration Project, Public Justice, and the NYU Immigrant Rights Clinic. Hasan Shafiqullah, supervising attorney at the Legal Aid Society's Civil Law Reform Unit, said the decision was a critical victory for immigrant families threatened with financial ruin by the policy, adding that the fines were being assessed against people doing exactly what the law requires by seeking lawful immigration relief and complying with immigration authorities.

What Remains Unresolved

The stay is a preliminary order, not a final ruling on whether the ICE rule is unlawful. The case continues in the District of Massachusetts, and the public record does not establish whether the government intends to appeal to the First Circuit Court of Appeals.

It is also unclear from the available record whether the stay reaches every one of the 103,000-plus fines DHS has issued or only those affecting the certified class, whether money already collected through tax-refund seizures must be returned, and whether debt-collector referrals already made must be withdrawn. ICE's underlying statutory authority to fine people for failing to depart remains intact regardless of this order — what is paused is the specific streamlined process the agency used to issue and collect the penalties at this scale.

Clinch Law Legal Analysis

Related Clinch Law Insights

For a broader explanation of the process and options discussed in this report:

Sources

This article provides general information and does not constitute legal advice. Immigration outcomes depend on individual facts and current law.