Building Public Power to Fight ICE's Civil Penalties
This spring, thousands of people opened their mailboxes to find a notice that they are being fined upwards of $1.8 million by the Department of Homeland Security (DHS) for failing to leave the country after a final order of removal. The first Trump Administration targeted only a handful of individuals for these fines (CCR, 2020), but this time around the Administration is attempting to a??scalea?? its operations. They have already issued more than 10,000 fines totaling almost $3 Billion in just six months. In June, DHS and DOJ announced a new regulation a??streamlininga?? the civil fines process and making it even more difficult for people to respond to these fines (DHS, 2025a; DHS, 2025b). A group of immigrants rights organizations and advocacy groups have convened to meet the urgent and growing need for information about this rarely-used part of the law and develop guidance about how people can push back against these fines. The experiences of impacted people and the attorneys who are representing them have been essential in shaping our strategy and approach to this effort.
This session offers a roadmap for responding to civil fines using the resources developed by Free Migration Project, Public Justice, Legal Aid Society of New York, NYU Law Immigrant Rights Clinic, and Center for Constitutional Rights. Those resources include a practice advisory, an attorney-facing model brief, a public-facing FAQ document, and a pro se model brief. We will discuss our process for developing and sharing these materials, including accessibility, communications, organizing, and dissemination considerations. Participants will leave better equipped to respond to civil fines that may be issued to clients or members of their community, network with others who are navigating similar challenges, and understand strategies for developing similar public awareness campaigns.
- Upon completion, audience participants will be able to respond to civil fines using the practice advisory and model brief and share resources with their legal and non-legal communities.
- Upon completion, audience participants will be able to develop shareable materials to meet unique needs in their own community.
Caitlin Power, n/a
Legal Investigator
Public Justice
