Can the Government Just Take all Your Money and Assets? Yes.

DHS’s $998/Day Fine for Noncitizens: A New Era of Immigration Enforcement?

Recent reports suggest that the U.S. Department of Homeland Security (DHS) is gearing up to enforce a hefty fine—up to $998 per day—against noncitizens who remain in the United States after receiving a final order of removal. This penalty, authorized for decades but rarely used, could mark a significant shift in immigration enforcement, potentially impacting thousands of individuals and their families. But what’s the legal basis for this fine? How will DHS collect it? And what happens if you don’t pay, including the risk of criminal prosecution? Let’s break it down.

The Legal Backbone: Where Does the Fine Come From?

The authority for the $998/day fine stems from the Immigration and Nationality Act (INA), specifically Section 243(a) (8 U.S.C. § 1253(a)). This law penalizes noncitizens who “willfully fail or refuse” to leave the U.S. after a final removal order, imposing fines of up to $1,000 per day for each day they remain. Adjusted for inflation under the Federal Civil Penalties Inflation Adjustment Act, the fine is currently set at approximately $998/day as of 2025. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) further strengthened this provision, aiming to deter non-compliance with removal orders.

Supporting this, INA § 274D allows civil penalties for failing to depart, while regulations like 8 CFR § 280 and 8 CFR § 241.14 give DHS (through Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP)) the power to impose, collect, and enforce these fines. Importantly, the fine isn’t automatically tacked onto every removal order. DHS must issue a separate notice of intent to fine, detailing the violation and daily penalty, making it a discretionary tool rather than a default punishment.

Recent articles from April 2025 highlight this as a potential “first-ever” large-scale enforcement effort, with DHS reportedly reviving a penalty dormant since a brief stint during the Trump administration (2017–2021). The Biden administration rescinded its use in 2021, but current discussions suggest a policy shift, possibly driven by political pressure or backlog reduction goals.

How Does DHS Plan to Collect These Fines?

Enforcing a daily fine of nearly $1,000 is no small feat, and DHS has several mechanisms at its disposal to collect. However, logistical challenges and legal protections complicate the process. Here’s how it works:

Step 1: Notice and Adjudication

DHS starts by issuing a notice of intent to fine, informing the noncitizen of the penalty, the reason (failure to depart), and payment instructions. Individuals can contest the fine administratively through a DHS Fines, Penalties, and Forfeitures Officer or request a hearing before an administrative law judge, as outlined in 8 CFR § 280. If the fine is upheld, payment is typically due within 30 days.

Step 2: Collection Actions

If payment isn’t made, DHS escalates collection through:

• Payment  Demands: Formal requests for payment, with warnings of further action.
• Treasury Referral: Unpaid fines are sent to the U.S. Department of the Treasury under the Debt Collection Improvement Act, which may use private collection agencies or offset federal benefits like tax refunds.
• Liens: DHS can place liens on U.S.-based property (e.g., homes or land) to secure the debt, preventing sale or transfer until paid.
• Wage Garnishment: For noncitizens employed in the U.S., wages can be garnished, subject to federal limits.

Step 3: Asset Seizure

DHS has the authority to seize U.S.-based assets—like bank accounts, vehicles, or real estate—to cover unpaid fines, under federal forfeiture laws (18 U.S.C. § 981, 19 U.S.C. § 1607). The process involves:

• Identifying assets through financial investigations, often led by Homeland Security Investigations (HSI).
• Issuing a seizure warrant or administrative notice, with an opportunity for the noncitizen to contest.
• Selling seized assets to recover the fine and enforcement costs.

However, seizure is limited to assets owned by the noncitizen. Assets held by U.S. citizen relatives (e.g., a spouse or child) are protected unless DHS proves they were transferred fraudulently to evade collection. Recent articles warn of impacts on “mixed-status households,” but the Fifth Amendment’s due process clause ensures that only the noncitizen’s assets are targeted without clear evidence of wrongdoing.

Step 4: Clawing Back Transferred Assets

Can DHS reclaim assets transferred to avoid payment? It depends:

• To  U.S. Citizen Relatives: DHS can pursue assets transferred to relatives if the transfer was fraudulent—made to hinder creditors or without fair compensation while insolvent—under the Uniform Fraudulent Transfer Act or federal law (28 U.S.C. § 3304). For example, transferring a house to a U.S. citizen spouse right after a fine is imposed could be challenged. But proving fraudulent intent is tough, and legitimate transfers (e.g., joint accounts built over years) are hard to undo. In practice, clawback is rare unless high-value assets are involved.
• To Foreign Countries: Assets sent abroad (e.g., to a bank in China) are largely beyond DHS’s reach due to jurisdictional limits. Seizure requires cooperation from foreign governments via mutual legal assistance treaties  (MLATs), which is unlikely for civil fines. Once assets leave the U.S., recovery is impractical, especially in countries with limited U.S. cooperation.

The Criminal Prosecution Threat: Beyond Civil Fines

While the $998/day fine is a civil penalty, INA § 243(a)also authorizes criminal prosecution for noncitizens who willfully fail to depart after a final removal order, adding a serious layer of consequence. Here’s what you need to know:

• Criminal Penalties: Noncitizens who “willfully fail or refuse to make timely application in good faith for travel or other documents necessary to depart” or who take action to prevent their departure can face:
  • Up  to 4 years in prison for most cases.
  • Up  to 10 years in prison if the noncitizen is removable due to  certain aggravated felonies (e.g., crimes like murder or drug       trafficking).
  • Additional fines, separate from the $998/day civil penalty, as determined by the court.
• What Triggers Prosecution?: Prosecution requires evidence of willful non-compliance, such as refusing to cooperate with ICE to obtain travel documents (e.g., a passport from their home country) or actively evading removal (e.g., using false identities). Simply remaining in the U.S. due to logistical issues (e.g., no flights available) or pending legal motions (e.g., a stay of removal) may not meet the “willful” threshold, but DHS has discretion to interpret this.
• Process: Criminal charges are filed in federal court, typically after ICE refers the case to the U.S. Attorney’s Office. The noncitizen faces arrest, a trial, and potential imprisonment, followed by removal after serving the sentence. Recent X posts speculate that criminal prosecutions could rise alongside fine enforcement, as DHS seeks to deter non-compliance.
• Impact: Prosecution adds significant risk, especially for noncitizens with families or long-term U.S. ties. A criminal conviction can also bar future immigration benefits, like re-entry or adjustment of status, and complicate asylum claims (relevant to your prior asylum question, though unrelated here). Unlike civil fines, criminal penalties don’t directly  generate revenue for DHS but serve as a deterrent.

Recent articles note that criminal prosecution under INA § 243(a) has been rare, with DHS historically prioritizing detention or removal over court cases. However, the revival of the civil fine could signal a broader enforcement push, potentially pairing fines with criminal charges for high-profile or egregious cases. For example, a noncitizen who repeatedly ignores ICE check-ins or falsifies documents to avoid departure could face both a mounting daily fine and federal charges.

Challenges and Controversies

Enforcing a $998/day fine sounds intimidating, but it’s not without hurdles. Recent reports highlight:

• Logistical Issues: CBP memos admit system limitations for tracking and collecting fines, suggesting ICE may need to lead. Upgrading systems could require hiring thousands of staff, a costly endeavor.
• Mixed-Status Families: Critics argue the fines could destabilize households with U.S. citizen relatives, who may face financial strain if joint assets are targeted. DHS must navigate due process to avoid unlawful seizures.
• Policy Debate: Some see the fines as a “fear tactic” rather than a practical tool, given the complexity of collecting from noncitizens who may lack assets or have left the U.S. Others view it as a necessary step to clear removal backlogs.

What Does This Mean for Noncitizens?

If you or someone you know has a final removal order, the $998/day fine is a wake-up call. While not automatic, DHS’s renewed interest means non-compliance could lead to spiraling debt, asset loss, or even criminal prosecution. Here’s what to do:

• Consult an Attorney: An immigration lawyer can assess your case, challenge the fine, or explore options like reopening your case or requesting a stay of removal.
• Monitor Notices: Respond promptly to any DHS notice of intent to fine to avoid escalation.
• Understand Risks: Beyond fines, willful non-compliance could land you in federal court, facing years in prison and permanent immigration consequences.

The Bottom Line

The $998/day fine, rooted in INA § 243(a) and bolstered by IIRIRA, is a powerful but complex tool in DHS’s arsenal. While collection through liens, seizures, and Treasury referrals is possible, clawing back transferred assets—especially abroad—is challenging. Criminal prosecution under INA § 243(a) adds teeth, with up to 4–10 years in prison for willful non-compliance, though it’s less common. As DHS tests this enforcement in 2025, noncitizens with removal orders face heightened risks, but logistical and legal barriers may temper the policy’s impact.