Civil-rights lawyers in Massachusetts filed a class-action lawsuit on November 21 accusing the Department of Homeland Security of "cruel and unconstitutional" monetary penalties that reach nearly $1 million per individual for remaining in the United States without legal status. Since February, Immigration and Customs Enforcement (ICE) has issued more than 21,500 Notices of Intention to Fine, demanding up to $998 per day in civil penalties—totalling roughly $6 billion—to undocumented migrants who were previously released under orders of supervision.
Lead plaintiff “Nancy M.”, a Nicaraguan mother of two, received a bill for $1.8 million despite regular check-ins with ICE while pursuing asylum. The complaint argues that the fines violate the Eighth Amendment’s ban on excessive penalties and deprive recipients of due-process safeguards such as ability-to-pay determinations and timely hearings. Plaintiffs also note that many recipients are actively seeking legal status yet face financial ruin that jeopardizes housing and employment.
![Class-action suit challenges million-dollar ICE fines against immigrants]()
The Trump administration defends the policy as a statutory tool revived to deter overstays and absconders. DHS spokesperson Erin Perrine said the lawsuit "tries to rewrite immigration law by erasing consequences for breaking it," adding that fines complement expedited-removal expansion and are mailed after multiple warnings.
For employers, the suit raises new uncertainty. Some international assignees in extended status limbo—particularly those with denied humanitarian parole renewals—have begun receiving fine notices, according to mobility-law firm Fragomen. Companies could face retention risks or hardship-assistance requests from affected workers and their dependents. Moreover, future settlements may set limits on DHS’s civil-penalty authority, influencing broader enforcement strategy.
The case seeks nationwide class certification; if granted, it could freeze collections pending litigation. Mobility managers with foreign national populations in supervised release should monitor developments and ensure workers know their rights to contest or defer payment while the lawsuit proceeds.
Lead plaintiff “Nancy M.”, a Nicaraguan mother of two, received a bill for $1.8 million despite regular check-ins with ICE while pursuing asylum. The complaint argues that the fines violate the Eighth Amendment’s ban on excessive penalties and deprive recipients of due-process safeguards such as ability-to-pay determinations and timely hearings. Plaintiffs also note that many recipients are actively seeking legal status yet face financial ruin that jeopardizes housing and employment.
The Trump administration defends the policy as a statutory tool revived to deter overstays and absconders. DHS spokesperson Erin Perrine said the lawsuit "tries to rewrite immigration law by erasing consequences for breaking it," adding that fines complement expedited-removal expansion and are mailed after multiple warnings.
For employers, the suit raises new uncertainty. Some international assignees in extended status limbo—particularly those with denied humanitarian parole renewals—have begun receiving fine notices, according to mobility-law firm Fragomen. Companies could face retention risks or hardship-assistance requests from affected workers and their dependents. Moreover, future settlements may set limits on DHS’s civil-penalty authority, influencing broader enforcement strategy.
The case seeks nationwide class certification; if granted, it could freeze collections pending litigation. Mobility managers with foreign national populations in supervised release should monitor developments and ensure workers know their rights to contest or defer payment while the lawsuit proceeds.
