Pressure of Truth
Exposing the spin on all sides of the news.
U.S.

Federal Judge in Boston Halts DHS Fines of Up to $1.8 Million on Migrants Who Did Not Leave After Deportation Orders

Judge George O'Toole ruled on October 5 that ICE issued the fines unlawfully under the Administrative Procedure Act, in a class action brought by two women and an immigrant legal-aid group; DHS had not commented in early reports.

How spun is the coverage?Coverage bias 4.1 / 10
4 sides analyzed18 sources cited

Fines up to $1.8 million, and almost none collected

On Monday, October 5, 2026, a federal judge in Boston stopped a Trump administration program. The program fined migrants who stayed in the U.S. after a final deportation order. The fines run $998 a day and can add up to $1.8 million per person[1].

U.S. District Judge George O'Toole, a Clinton appointee, ruled that the fines were imposed unlawfully under the Administrative Procedure Act[1]. That is the federal law that sets the rules agencies must follow when they act. DHS did not immediately comment, and no appeal had been reported as of October 6[1].

Two numbers sit side by side in this story, and they pull in opposite directions. DHS said on July 23, 2026 that it had issued more than 103,000 fines worth more than $84 billion since January 2025[7]. Reports say DHS has collected about $1.2 million[9][17].

What the judge actually found

The ruling is about how the fines were made. It doesn't say Congress can't fine people. The judge found two flaws.

First, ICE used boilerplate forms. They "lacked specific allegations explaining why an individual's conduct warranted a penalty," according to Reuters[1]. Second, DHS adopted its streamlined fining process without letting the public comment first[1].

That second flaw has a name: notice-and-comment rulemaking. Under the Administrative Procedure Act, an agency generally must publish a proposed rule, take public comments, and answer them before a binding rule takes effect. It slows agencies down. It also lets people who will be affected flag problems early. DHS had published a related Federal Register document on civil penalties in June 2025[6].

The judge also wrote that halting the policies was needed. He said collecting the fines would likely push the plaintiffs into insolvency, and he described them as being in an "economically precarious position"[13].

The word "willfully"

The law behind the fines is 8 U.S.C. § 1324d. It allows civil fines on a noncitizen under a final removal order who "willfully" fails to depart or refuses to leave[5].

The plaintiffs build their case on that word. The case is a class action, meaning one lawsuit on behalf of a larger group in the same situation. It was filed on November 20, 2025, as Maria L. v. Noem, by two women and the Immigrant Legal Resource Center[2][4]. Public Justice, the plaintiffs' counsel, now lists it as Maria L. v. Mullin[3].

Their lawyers say the government must first ask whether each person's stay was deliberate. They say ICE skipped that question. They say it fined people who were following the rules, including some lawfully applying for immigration relief[4]. Some people also can't leave because no country will take them or they lack travel papers, the plaintiffs say.

That's why they call fines of up to $1.8 million on low-income people "grossly disproportionate"[11]. They also say the provision was "long-dormant." They say the first Trump administration used it and the Biden administration rescinded it[2][4].

DHS's case for the fines

DHS makes a serious argument of its own. Congress wrote these fines into law, and DHS says it is enforcing them[5][8]. Everyone fined already has a final removal order. An immigration judge has heard the case, and the appeals are over. In DHS's view, staying past that point is a choice. A law with no penalty has no teeth.

DHS also points to scale. With more than 100,000 cases, a standard form is the only practical way to enforce the law at all[7]. And the fines are meant as a nudge, not a bill. DHS promotes them as a way to get people to leave on their own, for example through its CBP Home app. That is cheaper and safer than arrest and deportation[7][8]. A Congressional Research Service note describes the same strategy[8].

Supporters of strict enforcement make a similar case. They see a mild, lawful consequence compared with detention[9][10]. They also note that the court faulted DHS's procedure, meaning the forms and the rulemaking. It did not question Congress's authority to fine[1][5].

Why the totals mislead both ways

The $84 billion works out to roughly $815,000 per fine. Only about 0.0014% of it has been collected. That is about one-seven-hundredth of one percent[9][17]. Almost no money has changed hands.

So the weight of the program isn't in the cash. It's in the pressure. A fine that is never collected still hangs over a person as a debt. And in a self-deportation strategy, the threat matters more than the payment[8][9]. The ruling removes that pressure for now.

The headline numbers also lean toward each side's story. DHS stresses the 103,000 fines and $84 billion. Those suggest a strong program, but they count fines issued, not money collected[7][9]. The plaintiffs stress the $1.8 million maximum. Most headlines picked that up, though the typical fine isn't known.

One ruling, many labels

Coverage of the ruling came almost entirely through Reuters. Its report was mostly straight. It gave the $1.8 million maximum in the headline, which echoes the plaintiffs' framing. It also gave DHS's 103,000 figure and noted O'Toole's appointing president[1].

No right-leaning coverage of the ruling turned up. Earlier right-leaning stories used different labels. The Washington Times wrote of "illegal immigrants who won't go home," and Breitbart of "illegal migrants"[9][10]. "Won't go home" assumes the willful refusal the lawsuit disputes. Breitbart repeated DHS's totals without noting how little had been collected. The Washington Times did report the $1.2 million.

Fox News covered the November 2025 filing rather than the ruling. It relied heavily on the plaintiffs' lawyers and their phrase "ruinous civil fines"[11]. TRT World, Turkey's state broadcaster, called the people fined "undocumented migrants"[12]. That label also settles a point the case disputes, since the plaintiffs say some have pending applications for relief.

Some outlets went further. A European aggregator, Dagens, wrote that the judge "freezes billions of dollars"[14]. That treats mostly uncollected fines as frozen money. It also made a procedural ruling sound like a finding of lawbreaking. Astig.ph aimed its story at Filipino readers, with the $1.8 million maximum in the headline[15].

What happens next

Public reports leave several things open. It isn't clear whether the relief is preliminary or final. The size of the covered class isn't stated either[1].

DHS has choices. It could appeal to the First Circuit. It could redo the rule with public comment. Or it could try to show willfulness case by case. Each path is slower than a standard form sent to tens of thousands of people.

Related fights are already under way. One Maryland suit challenges $5,000 fees[18]. For now, the question the judge raised is still unanswered: how much process the law requires before a person is fined for failing to leave.

Like this article?

Share this article

The Bias Ledger average rating 4.1

The same story, as framed by outlets across the spectrum, ordered least to most biased. The bias score (1 = straight, 10 = heavily spun) is an AI assessment of that framing — click an outlet to see its track record. The tell is the word choice or omission that reveals the angle.

OutletVantageBiasHow they frame itThe tell
ReutersU.S./international center wire2US judge blocks Trump policy of fining migrants up to $1.8 millionMostly straight. It gives both the $1.8 million maximum and DHS's 103,000-fines figure, and notes O'Toole is a Clinton appointee. It leads with the maximum fine in the headline, which is the plaintiffs' framing rather than the typical fine.
Fox NewsU.S. right3Immigrants fined up to $1.8 million for remaining in US sue Trump administrationThis covered the November 2025 filing, not the ruling. The framing is fairly neutral and leans heavily on the plaintiffs' lawyers ('ruinous civil fines'). No Fox coverage of the October 5 ruling turned up in our searches.
The Washington TimesU.S. right4DHS has issued $84 billion in fines to illegal immigrants who won't go home'Won't go home' assumes the willful refusal that the lawsuit disputes. It does report the $1.2 million collected, which undercuts the headline number.
TRT WorldTurkish state4US federal judge blocks Trump administration's $1.8m fines on undocumented migrantsIt is built on Reuters facts. 'Undocumented' flattens a group that, according to the plaintiffs, includes people with pending applications for legal relief. It fits a wider pattern of covering U.S. immigration enforcement critically.
Astig.phPhilippine diaspora-focused4A US judge just blocked $1.8 million fines on migrants. Here is what it means for FilipinosIt frames the story as a service piece for one diaspora. It is useful to its readers, but the $1.8 million maximum is in the headline, not the typical fine.
BreitbartU.S. right (populist)5DHS Fines 103K Illegal Migrants a Total of $84 BillionIt repeats DHS's figures as an achievement, with the label 'illegal migrants.' It gives no context on how little has been collected or on the pending legal challenge.
DagensEuropean aggregator7Federal judge puts the brakes on Trump's plan: Freezes billions of dollars after seeing evidence of breaking the law'Freezes billions of dollars' treats $84 billion in mostly uncollected fines as frozen money, when about $1.2 million has been collected. 'Evidence of breaking the law' turns a procedural ruling into what sounds like a finding of wrongdoing.

References

  1. US judge blocks Trump policy of fining migrants up to $1.8 million — Reuters · International wire service; commercially owned by Thomson Reuters; center
  2. Maria L. v. Noem 1:25-cv-13471 (D. Mass.) — Civil Rights Litigation Clearinghouse · University of Michigan Law School case database; summaries are drawn from filings
  3. Maria L. v. Mullin — Public Justice · Plaintiffs' counsel; progressive public-interest litigation nonprofit
  4. Civil Fines Lawsuit press release (Nov. 20, 2025) — The Legal Aid Society · Plaintiffs' counsel; New York legal-aid nonprofit, immigrant-rights advocate
  5. 8 U.S. Code § 1324d - Civil penalties for failure to depart — Cornell Legal Information Institute · Primary source: federal statute text
  6. Imposition and Collection of Civil Penalties for Certain Immigration-Related Violations — Federal Register · Primary source: official U.S. government publication
  7. DHS Announces More Than $84 Billion in Civil Fines Issued to Illegal Aliens — U.S. Department of Homeland Security · Primary source; party to the case, advocates for the policy
  8. Immigration Enforcement Fines for Immigrants with Final Removal Orders — Congressional Research Service · Nonpartisan research arm of Congress
  9. DHS has issued $84 billion in fines to illegal immigrants who won't go home — The Washington Times · U.S. conservative newspaper
  10. DHS Fines 103K Illegal Migrants a Total of $84 Billion — Breitbart · U.S. populist right
  11. Immigrants fined up to $1.8 million for remaining in US sue Trump administration — Fox News · U.S. right-leaning cable network
  12. US federal judge blocks Trump administration's $1.8m fines on undocumented migrants — TRT World · Turkish state broadcaster
  13. US judge blocks Trump policy of fining migrants up to $1.8 million — Reuters · International wire service; copy carried by the Pakistani daily The Express Tribune
  14. Federal judge puts the brakes on Trump's plan: Freezes billions of dollars after seeing evidence of breaking the law — Dagens · European commercial news aggregator
  15. A US judge just blocked $1.8 million fines on migrants. Here is what it means for Filipinos — Astig.ph · Philippine diaspora-focused digital outlet
  16. Trump plans to fine migrants $998 a day for failing to leave after deportation order — NBC News · U.S. mainstream network, center-left
  17. DHS Issues $84 Billion in Civil Fines Against Immigrants in US — Bloomberg Tax · Business/legal trade press; center
  18. $5.1K fines for immigrants spark lawsuit in MD against Trump DHS — The Daily Record · Maryland legal and business newspaper; center