Final rule finalizes civil penalties process, allowing late appeals for mail delays

Federal agencies finalized an interim final rule issued on June 27, 2025 that streamlines how civil penalties are assessed under the Immigration and Nationality Act (INA) for certain immigration-related violations.

The rule focuses on people who, for example, do not depart during a voluntary departure period, willfully fail or refuse to depart after a final removal order, or engage in other proscribed activities. It also covers people apprehended while improperly entering or attempting to enter the United States.

In response to public comments, the agencies made one key change as they moved from the interim final rule to the final rule. The final rule allows the government to accept an appeal that is filed late if the person can document that the delay was caused by mail delivery problems that were beyond their control, and ICE determines that this standard is met.

This means the civil-penalty process is being finalized, but there is now an explicit pathway for some late appeals tied to documented mail delays. The agencies did not describe other changes in the excerpt provided.

For the exact requirements and how ICE will evaluate “beyond the alien’s control” mail delays, readers should review the official Federal Register notice linked below.