A federal judge rules that the Trump administration's daily fines for immigrants who have not left the country are illegal
U.S. federal judge O'Toole ruled that the Trump administration's daily fine of $998 for immigrants who did not leave the country after receiving a deportation order was illegal, pointing out that it violated the Administrative Procedure Act and lacked specific charges.
Quick Look
U.S. federal judge O'Toole ruled in a class-action lawsuit on the 6th that the Trump administration's practice of imposing daily fines of $998 on immigrants who received deportation orders but did not leave the United States was illegal because it violated the Administrative Procedure Act and failed to provide an opportunity for public comment.
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Why It Matters
Since last year, the Trump administration has imposed fines of $998 per day on immigrants who have not left the United States despite receiving deportation orders, triggering immigration rights lawsuits.
Since last year, the Trump administration has imposed daily fines of US$998 (approximately NT$30,000) on immigrants who have not left the United States after receiving a deportation order. These fines can be traced back to up to 5 years, so the maximum fine can reach US$1.8 million (approximately NT$57.22 million). A U.S. federal judge blocked the Trump administration from implementing this fine policy on the 6th, saying that the imposition of fines was illegal.
According to Reuters, U.S. District Judge George O'Toole in Boston ruled in a class-action lawsuit that the Trump administration's practices were illegal. The lawsuit was filed last year by two immigrants who are among thousands of immigrants who have been slapped with civil fines by the U.S. Department of Homeland Security.
O'Toole sided with the plaintiffs, finding the fines were unlawful and violated the Administrative Procedure Act. The reason is that the standard fine form used by the government lacks specific charges and does not explain why an individual's behavior is sufficient to warrant punishment.
O'Toole also determined that the government failed to follow the relevant rulemaking process when adopting this simplified fine process. This is because the government did not give the public a chance to express their opinions before revising the policy.
O'Toole said the suspension of policies related to fines is necessary because if the government starts to pursue these fines, it is likely to put the plaintiffs into insolvency. "Even before the government imposed heavy fines, the plaintiff's financial situation was already very fragile," he wrote in the ruling.
The U.S. Department of Homeland Security has not yet commented on the matter. In addition, the department pointed out in July that since Trump returned to the White House last year, more than 103,000 fines have been issued to immigrants, with a total amount of approximately US$84 billion (approximately NT$2.6 trillion).
Open Questions
- Will the U.S. Department of Homeland Security subsequently appeal?
- Will all the thousands of fines that have been issued be cancelled?
