Ratification of Civil Penalties

Issuing agencies

Abstract

The Department of Homeland Security ("DHS"), through the Secretary of Homeland Security, ratifies all final civil penalties that had been assessed in accordance with interim regulations. These interim regulations were later adopted as final with only slight modification so retained substantially the same procedures by which the civil penalties are assessed. This notification ratifies all civil penalties assessed in accordance with the interim regulations prior to the final adoption.

Full Text

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<title>Federal Register, Volume 91 Issue 205 (Monday, October 26, 2026)</title>
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[Federal Register Volume 91, Number 205 (Monday, October 26, 2026)]
[Notices]
[Pages 67325-67326]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21751]


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DEPARTMENT OF HOMELAND SECURITY


Ratification of Civil Penalties

AGENCY: U.S. Immigration and Customs Enforcement (``ICE''), Department 
of Homeland Security.

ACTION: Ratification.

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SUMMARY: The Department of Homeland Security (``DHS''), through the 
Secretary of Homeland Security, ratifies all final civil penalties that 
had been assessed in accordance with interim regulations. These interim 
regulations were later adopted as final with only slight modification 
so retained substantially the same procedures by which the civil 
penalties are assessed. This notification ratifies all civil penalties 
assessed in accordance with the interim regulations prior to the final 
adoption.

DATES: This ratification is issued on October 26, 2026 and relates back 
to the original date of each civil penalty assessed in accordance with 
the interim regulations.
    All claims submitted pursuant to this notice must be received by 
ICE on or before November 16, 2026.

FOR FURTHER INFORMATION CONTACT:  Office of the General Counsel, DHS, 
Washington, DC 20528, (202) 282-9822.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

    On June 27, 2025, DHS and EOIR published a joint interim final rule 
(``IFR'') titled ``Imposition and Collection of Civil Penalties for 
Certain Immigration-Related Violations.'' 90 FR 27439. This IFR 
modified the procedures by which civil monetary penalties issued under 
three statutory provisions of the Immigration and Nationality Act 
(``INA'')--8 U.S.C. 1324d(a)(1), 1229c(d), and 1325(b)--are assessed. 
Whereas civil penalties issued under these provisions were previously 
assessed pursuant to the procedures codified at 8 CFR part 280, the IFR 
announced a new procedure, codified at 8 CFR part 281, effective 
immediately on the date of publication of the IFR.
    Although it was unnecessary because the IFR was subject to two 
exceptions to the requirements of the Administrative Procedure Act 
regarding notice and comment, DHS and EOIR opened the IFR for public 
comments through July 28, 2025. The public submitted 28 comments. After 
considering the comments received, DHS and EOIR published a Final Rule 
on October 14, 2026. 91 FR 65390. The Final Rule has no material 
difference from the IFR for the purposes of the civil penalties that 
had already been assessed prior to the publication of the Final Rule. 
Thus, under the Final Rule, just as under the IFR, the procedure 
outlined at 8 CFR part 281 remains the procedure by which civil 
penalties issued under 8 U.S.C. 1324d(a)(1), 1229c(d), and 1325(b) are 
assessed. The only change the Final Rule makes as compared to the IFR 
is that the Final Rule permits acceptance of a late-filed appeal based 
on documentary evidence demonstrating a mail delivery delay that ICE 
finds was beyond an alien's control.

II. Overview of Ratification

    To resolve any uncertainty, the Secretary of Homeland Security has 
decided to ratify all civil penalties issued under the interim adoption 
of 8 CFR part 281 from June 27, 2025, through October 13, 2026. Under 
established case law, any agency may, through ratification, ``purge[ ] 
any residual taint or prejudice left over from'' a potential defect in 
a prior

[[Page 67326]]

governmental action.\1\ The Department of Homeland Security is issuing 
this ratification out of an abundance of caution, and this ratification 
is not a statement that the fines covered by this ratification would 
have been invalid absent this ratification.
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    \1\ Guedes v. Bureau of Alcohol, Tobacco, Firearms & Explosives, 
920 F.3d 1, 13 (D.C. Cir. 2019).
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III. Ratification

    The Secretary of Homeland Security hereby ratifies all final civil 
penalty decisions, as defined in 8 CFR 281.1(f)(3), issued pursuant to 
the procedures codified at 8 CFR part 281 from June 27, 2025, through 
October 13, 2026, except for those that have been reversed on appeal, 
are currently pending appeal, or have otherwise been reopened and 
rescinded pursuant to 8 CFR 281.1(f)(1). Any respondent alien who 
asserts that he or she has been prejudiced by the interim regulations 
may raise that claim to ICE to evaluate whether such prejudice has been 
shown and what remedy, if any, is appropriate. This process is not an 
additional appeal mechanism; rather, it is limited to claims of 
prejudice for civil penalties issued under the interim regulations.
    To raise a claim, please email <a href="/cdn-cgi/l/email-protection#9bd2ddc9d8f2edf2f7ddf2f5fee8c9feedf2feecdbf2f8feb5fff3e8b5fcf4ed"><span class="__cf_email__" data-cfemail="80c9c6d2c3e9f6e9ecc6e9eee5f3d2e5f6e9e5f7c0e9e3e5aee4e8f3aee7eff6">[email&#160;protected]</span></a>. In 
the subject line of the email, please provide the respondent alien's 
full name, date of birth, and alien registration number. This claim 
must also contain the respondent alien's current address and current 
phone number, the penalty tracking number of the respondent alien's 
applicable civil penalty, and an invoice number (if applicable). ICE 
will not review claims that fail to include the above-listed required 
information. All claims must be received by ICE on or before November 
16, 2026.

Markwayne Mullin,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2026-21751 Filed 10-23-26; 8:45 am]
BILLING CODE 9110-9M-P


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