Quick Answer: A “Failure to Depart” fine under INA § 274D can be imposed on individuals who remain in the U.S. after a final removal order, with penalties reaching up to $998 per day and potentially growing into tens of thousands of dollars. In 2026, DHS has increased enforcement and collection efforts, making it critical to act quickly. Recipients generally have only 15 business days to contest a notice, and ignoring it may lead to wage or asset garnishment. Seeking legal guidance promptly can help protect your rights and explore options such as challenging the fine or voluntary departure programs.
If you recently received a notice about a “Failure to Depart” fine, you are probably feeling confused and maybe a little scared. At Hughes Law Group, we hear from clients in this exact situation regularly. The notices can look alarming, and the process behind them is genuinely complicated. What we want you to know first is this: understanding your options is the most important thing you can do right now.
This guide explains the current landscape around civil penalties under INA § 274D as of June 2026. It is for educational purposes only and does not constitute legal advice.
What Are “Failure to Depart” Immigration Fines?
Under INA § 274D, the Department of Homeland Security (DHS) has the authority to impose civil monetary penalties on individuals who have been ordered removed but did not leave the United States within the time required by law. In many of the cases we handle, clients did not realize that these fines can accrue daily or that the government can pursue collection through salary or asset garnishment.
Why Has Enforcement Changed in 2026?
The enforcement environment has shifted significantly. As of mid-2026, DHS has moved toward more aggressive collection strategies using automated systems to track individuals with outstanding final orders of removal. Based on what we are currently seeing, the government is prioritizing the collection of these debts, and the window to challenge them has become much more rigid. Ignoring a notice can cost you your right to contest the fine entirely.
What Is the Current Financial Impact?
The financial consequences depend on your specific situation, but they can be serious.
For individuals who willfully fail to depart, the fine can be as high as $998 per day. Because the statute of limitations for civil immigration penalties is five years, total liability can grow into tens of thousands of dollars quickly. There are also recent 2026 proposals that would set a baseline fine of up to $18,000 for individuals who were ordered removed in absentia, separate from any daily accrual.
How Do You Contest a Notice of Violation and Order?
If you have received an official notice from DHS regarding a civil penalty, you have a very limited window to respond. Under regulations updated in June 2025 and still in effect in 2026, you have only 15 business days from the date the notice was issued to file a formal response or request a hearing.
To contest the fine, you must provide clear, evidence-based reasons why the failure to depart was not willful. Examples that may support your case include documented medical emergencies or legitimate procedural errors in the original removal order.
Not sure whether you have a basis to contest, or what the notice actually means for your case? If you’re wondering what an immigration attorney does in these situations, an experienced attorney can review your notice, explain your options, and help you meet critical deadlines. That is exactly what our Free Screening Call is for. You will speak with our intake team, no pressure and no obligation, and get a clear picture of where you stand.
What Is the CBP Home App and Should You Use It?
The U.S. government has expanded the CBP Home application as part of a voluntary assisted departure program. In certain cases, using this path can help individuals leave the United States in a way that avoids a formal deportation record, which may preserve future eligibility for legal re-entry. In some instances, the program has also been linked to travel assistance. Once a formal civil penalty collection process has started, though, DHS is generally less likely to offer these alternatives.
Common errors to avoid before filing
- Ignoring the notice is the most costly error. Many people assume the fine is a scare tactic that will go away. In 2026, the government is actively using federal systems to locate assets and wages, and inaction can eliminate your ability to contest.
- Attempting to handle this alone is another common mistake. Because the response window is only 15 business days, poorly drafted responses or missed deadlines can carry no legal weight at all.
- Do not assume that a notice sent by regular mail is not official. DHS does not always require certified or registered mail to initiate these proceedings, and regular mail correspondence can start the 15-day clock.
When should you speak with an immigration attorney?
You should consult with an experienced immigration attorney right away if you have received a Notice of Violation and Order from DHS, if you have an outstanding final order of removal and are planning your next steps, or if you believe there was a fundamental error in the legal process that led to your removal order.
Early intervention matters. Many complications can be addressed if you act before that 15-day window closes.
The Importance of Acting Now
Dealing with immigration fines is stressful, but you do not have to figure it out alone. Whether you are looking to contest a fine or navigate a voluntary departure to preserve your future options, the key is getting the right guidance before the deadline passes.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this article. Immigration laws change frequently; always consult with a qualified professional regarding your specific case.
Need Guidance on Your Specific Situation?
If you have questions about a notice you received or need to understand your options, we invite you to speak with our intake team. During your screening call, we will listen to the details of your situation and determine if our firm is the right fit to assist you.
👉 Schedule Your Free Screening Call
(Please note: This call is with a specialized Intake Specialist to gather information about your case, not with an attorney. Each immigration case is unique and requires a detailed review of your specific facts.)
Frequently Asked Questions
What is the “Failure to Depart” fine under INA 274D?
It is a civil penalty imposed by DHS on individuals who remain in the U.S. after a final order of removal. As of 2026, these fines can be up to $998 per day.
How long do I have to contest a deportation fine?
Under current 2026 regulations, you have a very strict 15-business-day window from the date of the notice to contest the penalty.
Can the government garnish my wages for immigration fines?
Yes. In 2026, the government is increasingly utilizing federal collection methods, including the targeting of assets and wages for unpaid civil immigration penalties.
What is the CBP Home App used for?
It is an official tool for voluntary assisted departure, which, if used appropriately, may help individuals leave the U.S. while potentially preserving future legal status.
Is a “Notice of Violation” sent by regular mail official?
Yes. The DHS does not always require certified or registered mail to serve these notices, meaning regular mail correspondence can start the 15-day clock.
