New Enforcement Trends—Fines for Failing to Depart and ICE "Welfare Checks"

A New Chapter in Immigration Enforcement

The immigration enforcement landscape continues to evolve in 2025, with federal authorities implementing new strategies that significantly impact immigrant communities. Two particularly concerning developments have emerged: the widespread issuance of civil penalty notices for failing to depart the United States after receiving final removal orders, and targeted "welfare checks" on unaccompanied minors. As immigration attorneys, we at Rocesq LLC are closely monitoring these developments to help our clients navigate these challenging circumstances.

Civil Penalties for Failure to Depart: What You Need to Know

In a dramatic escalation of enforcement tactics, approximately 5,000 civil penalty notices have been issued nationwide to individuals who have allegedly failed to depart the United States after receiving final orders of removal. These penalties are being implemented under Immigration and Nationality Act (INA) § 274D, which allows for civil fines for "willful failure to depart."

The Financial Impact

These are not minor fines. Individuals can face penalties of up to $998 per day for remaining in the country after a removal order. Collectively, these notices represent over $500 million in assessed fines—an unprecedented amount that places enormous financial pressure on immigrant communities.

Response Timeline and Options

If you or someone you know receives one of these notices, it's crucial to understand that recipients have only 30 days to respond. The notice should outline several options:

1. Request an Interview: This allows the recipient to present their case to immigration officials directly.

2. Request Mitigation: This process may reduce the fine amount based on individual circumstances.

3. Contest the Fine: If there are legal or factual errors in the notice, these can be challenged.

   
   

Strategic Considerations

Our attorneys recommend several important considerations for those who receive these notices:

• Review 8 CFR § 280.11: This regulation outlines the factors that may be considered for mitigation of fines.

• Document Everything: Maintain records of all communications with immigration authorities.

• Seek Legal Representation: Given the complexity of these matters and the substantial financial stakes, professional legal guidance is essential.

• Consider Broader Relief Options: In some cases, there may be avenues to reopen removal proceedings or seek other forms of relief.

ICE "Welfare Checks" on Unaccompanied Children

Another troubling enforcement trend involves what Immigration and Customs Enforcement (ICE) is calling "welfare checks" on unaccompanied children who entered the United States. Despite the benign-sounding name, these visits appear to have clear enforcement objectives.

Who Is Being Targeted

These operations are primarily focusing on two vulnerable groups:

1. Children with in absentia removal orders (orders issued when the child did not appear for immigration court)

2. Children released to non-relative sponsors rather than family members

How These "Checks" Are Being Conducted

Reports from across the country indicate that these operations often involve:

• Armed agents appearing at homes without warning

• Plainclothes officers creating confusion about their official status

• Visits to schools and other locations where children may be found

• Limited or no interpretation services for non-English speakers

The Reality Behind the Term

While described as "welfare checks," the pattern of enforcement suggests these visits are primarily intended to locate and potentially detain individuals for removal proceedings. This characterization as welfare-oriented has raised serious concerns among immigration advocates and legal professionals about transparency and due process.

Know Your Rights: Protecting Yourself and Your Family

Whether facing potential fines or unexpected visits from immigration officials, understanding your rights is essential.

During ICE Encounters

If ICE agents come to your home or approach you:

• You have the right to remain silent

• You can refuse entry to your home unless agents have a judicial warrant signed by a judge

• You can request to speak with an attorney

• You should not sign any documents without legal review

• You can record the interaction (in most states)

For Parents and Guardians of Unaccompanied Children

If you are caring for an unaccompanied minor:

• Prepare an emergency plan for the household

• Keep important documents in a secure, accessible location

• Ensure the child understands basic rights and emergency contacts

• Consider consulting with an attorney about the child's immigration case

• Be cautious about who you share information with regarding the child's whereabouts or status

Responding to Civil Penalty Notices: A Strategic Approach

If you receive a Notice of Intent to Fine under INA § 274D, consider the following approach:

1. Verify the Notice's Validity

• Check that all information is accurate, including your identity, immigration history, and alleged violation dates

• Confirm whether you actually received a final order of removal and proper notice of that order

• Determine whether you fall under any exceptions or exemptions

2. Prepare Your Response

When crafting your response to the notice:

• Address whether the failure to depart was "willful" as required by the statute

• Document any circumstances that prevented departure (health issues, pending applications, etc.)

• Compile evidence of your inability to pay the proposed fine amount

• Consider requesting a personal interview to present your case

3. Seek Legal Representation

Given the complexity of these matters and the significant financial consequences, professional legal representation is strongly recommended. At Rocesq LLC, we can:

• Analyze your specific situation

• Identify potential defenses or mitigating factors

• Prepare comprehensive response documentation

• Represent you in communications with immigration authorities

• Explore alternative relief options that may be available

The Broader Context: Shifts in Enforcement Priorities

These enforcement tactics represent part of a larger shift in immigration enforcement priorities. Other related developments include:

• Removals to third countries without adequate notice

• The launch of "Project Homecoming," a self-deportation initiative offering financial incentives but potentially misleading participants about reentry barriers

• Increased personnel authorizations for immigration enforcement

• ICE arrests at immigration courts, particularly targeting recent arrivals

Taking Action: Next Steps

If you're concerned about these enforcement trends or have received a civil penalty notice, we recommend:

1. Document Everything: Keep records of all notices, interactions with officials, and responses

2. Know Your Timeline: Most notices require response within 30 days—don't delay

3. Understand Your Options: Different circumstances may allow for different strategies

4. Seek Legal Counsel: Professional guidance is crucial in navigating these complex situations

5. Stay Informed: Enforcement tactics continue to evolve, so staying updated is essential

Conclusion: Navigating Uncertain Times

The enforcement landscape in 2025 presents significant challenges for immigrant communities. Civil penalties for failure to depart and targeted operations focusing on unaccompanied children create new vulnerabilities that require informed, strategic responses.

At Rocesq LLC, we remain committed to providing accurate information, effective representation, and compassionate support to those navigating these difficult circumstances. Immigration law and enforcement practices continue to evolve, but the foundations of due process and legal rights remain in place, even during challenging times.

If you or someone you know is affected by these enforcement trends, we encourage you to reach out for a consultation to discuss your specific situation and options. While the landscape may be daunting, informed legal guidance can significantly protect your rights and interests.

This blog post is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, please contact Rocesq LLC directly at http://rocesq.com.