U.S. ICE Confirms Penalties for Failing to Depart: Cuban Nationals Have 21 Days to Contest

The Department of Homeland Security (DHS) in the United States has affirmed its stance on civil immigration fines that were finalized between June 27, 2025, and October 13, 2026. This decision targets foreign nationals penalized for not meeting specific immigration obligations, notably impacting Cubans with deportation orders.

The decision is detailed in the official announcement titled "Ratification of Civil Penalties," signed by Secretary of Homeland Security, Markwayne Mullin, and made public on Friday, October 23. The Federal Register is set to publish this notice on Monday, October 26.

Importantly, the move does not introduce new penalties or increase the amounts owed. Instead, the DHS is formally upholding the legitimacy of sanctions that were already finalized under interim rules that took effect in June 2025.

The 21-Day Window for Filing Claims

A crucial element of this notice is a 21-day period for those fined during this time to submit claims to ICE regarding any adverse effects experienced due to the interim process. However, this opportunity is limited and does not represent a new appeal, nor does it ensure a reduction or elimination of a fine.

The ratification includes final decisions made under procedures outlined in Part 281 of Title 8 of the Code of Federal Regulations, related to three key areas of U.S. immigration law:

• Remaining in the U.S. post-deportation order: Fines accrue daily when a person fails to leave voluntarily.
• Not adhering to voluntary departure: Penalties for not leaving within the granted time frame.
• Illegal entry or attempted entry: Civil fines for specific entry-related violations.

The ratification affects final penalties issued from June 27, 2025, to October 13, 2026, excluding those revoked on appeal, pending appeal, or reopened and nullified.

Why Ratify Now?

This decision stems from interim rules adopted on June 27, 2025, by the DHS and the Executive Office for Immigration Review (EOIR) to modify how certain civil fines are imposed and collected. While these agencies believed they could bypass standard public comment procedures, they opened a period for feedback, receiving 28 comments. On October 14, 2026, the final regulation was published, largely maintaining the previous process.

A notable change was allowing ICE to accept late appeals if postal delays, beyond the individual's control, could be documented.

The DHS's latest move seeks to address any lingering doubts about the previous process. The department clarifies that this ratification is precautionary and does not imply that prior penalties were invalid.

Impact on Cuban Nationals

This decision holds significant implications for Cuban immigrants in the U.S. with unresolved immigration statuses, particularly those facing deportation orders and ICE fines. The I-220A form alone does not equate to a final deportation order nor does it automatically subject individuals to fines. Each case requires careful examination of its status and specific circumstances.

For those with a definitive order, determining if there was a voluntary failure to exit the country is key. Complexities arise when deportation to Cuba is impractical due to logistical, documentary, or acceptance issues.

The financial impact of these fines can be substantial. Recently, a federal judge in Florida ruled a $668,390.95 judgment against a Honduran immigrant for not complying with a deportation order. This case, unrelated to Cuban nationals, highlights the potential consequences of immigration debts when translated into enforceable court judgments.

While the DHS's ratification does not automatically convert administrative fines into judicial rulings, it sets the stage for possible future collection actions. Cubans with pending immigration matters should distinguish between a final deportation order and a still-appealable decision.

Steps for Those Already Fined

Individuals who have received an immigration fine should first verify the issuance date, if the decision is final, and whether any appeal is pending. Identifying the legal basis for the fine and whether it was processed under the interim rules between June 2025 and October 2026 is crucial.

If they believe the procedure caused specific harm, they may consider filing a claim within the timeframe provided by the DHS. However, consulting with an immigration attorney is advisable before sharing personal details or making legal arguments, especially if an appeal, deportation order, court case, or collection process is involved.

The new notice underscores the U.S. government's intent to uphold penalties issued under previous rules while allowing those affected to raise possible grievances about that process.