Fines for ignoring a final order of deportation: how much and when
Immigration attorney Ilya Fishkin explains the daily fines for failing to leave after a final deportation order — and what to do when you receive a penalty notice.
Fines for ignoring a final order of deportation: how much and when
If you have received a final order of removal and have not yet left the United States, you may be facing more than just the risk of being detained and deported. The government can — and does — impose significant financial penalties on top of everything else. Understanding how these fines work could be critical to protecting yourself and your family.
What the attorney says
According to immigration attorney Ilya Fishkin (NY Bar, 20+ years of experience), once a person has a final order of deportation and does not leave the country, fines begin to accrue. Fishkin states that, if he recalls correctly, the penalty is $998 per day.
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These fines do not necessarily arrive immediately. At some point, the government sends a notice informing the person of the accumulated penalties. That notice gives the recipient 15 days to respond — specifically, to contest the charges if they believe an error was made in calculating or issuing the fines.
This is an important detail: the government's notice is not simply a bill you must pay without question. There is a formal window to push back if you believe the fines were assessed incorrectly. However, that window is limited, and missing it could mean losing your chance to challenge the penalties.
What to do
The fragment of attorney Fishkin's interview is focused on the fine itself and the response window. Based strictly on what he shared, here are the key takeaways and safe steps to consider:
Take any government notice seriously and immediately. If you receive a notice related to a final order of deportation — especially one that mentions fines or a deadline to respond — do not ignore it or set it aside.
Note the deadline. According to Fishkin, the notice gives you 15 days to respond if you believe an error was made. That is a short window. Mark the date the moment you receive the document.
Consult an immigration attorney before the deadline expires. Only a qualified attorney can review your specific situation, determine whether the fines were calculated correctly, and help you file a timely response if there are grounds to challenge them.
Do not assume the fines are automatically correct. Fishkin specifically mentions the possibility of error — meaning there is a recognized process to dispute the charges. You have the right to use it.
Do not delay action on an underlying final order of removal. If you have a final order and have not yet addressed it legally, speak with an attorney about your options as soon as possible. The longer the situation goes unresolved, the greater the potential financial and legal exposure.
FAQ
Q: How much are the daily fines for not leaving after a final deportation order? A: Attorney Fishkin states that, to the best of his recollection, the fine is $998 per day once a final order of deportation is in place and the person has not departed.
Q: When do I find out about the fines — do they notify me right away? A: Not necessarily right away. According to Fishkin, the government sends the notice at some point after the fines have accrued. The notice informs you of the total and gives you a chance to respond.
Q: What happens after I receive the fine notice — do I have any options? A: Yes. Fishkin explains that the notice gives you 15 days to respond if you believe the government made an error. This is your opportunity to contest the fines. It is strongly advisable to consult an immigration attorney immediately upon receiving such a notice to evaluate whether a challenge is warranted.
Based on an interview with immigration attorney Ilya Fishkin, NY Bar. This information is for general purposes only and is not legal advice.