Earlier this year, Nancy M. received a notice stating that she owes the federal government about $1.8 million in overstay-related fines.
Two Massachusetts women have filed a lawsuit against the federal government, claiming that they, along with other immigrants, face unprecedented and “ruinous civil fines” of up to $1.8 million.
According to NBC News, the Trump administration imposes fines of $998 per each day that an immigrant remains in the country without legal status. The lawsuit states that, to date, these fines have been levied upon at least 21,500 people, many of whom were trying to comply with United States immigration rules. Attorneys say that the penalties are “grossly disproportionate to the gravity” of civil immigration violations, characterizing the fines as unconstitutional.
“The people we serve are doing exactly what the law requires — pursuing legal relief through immigration courts and immigration agencies,” said Hasan Shafiqullah, an attorney for The Legal Aid Society representing the women. “In return, the government is threatening to seize their wages, cars, even their homes.”
The Trump administration has criticized the lawsuit, saying that the plaintiffs are hoping to evade the consequences of having entered the United States illegally.
“The plaintiffs in this case are here illegally and are suing so they can remain in the country illegally without any consequence or penalty – contrary to decades-old federal law,” U.S. Department of Homeland Security Assistant Secretary Tricia McLaughlin said in a statement.
One of the two plaintiffs, identified in court documents by the initials Nancy M. said that she had been ordered to leave the United States but also received an “order of supervision,” letting her meet with immigration officials once per year while trying to become a legal permanent resident.
Earlier this year, Nancy M. received a notice stating that she owes the federal government about $1.8 million in overstay-related fines.
“Everything was going fine in my case,” Nancy M. told The New York Times. “But now that this happened, all of a sudden, it’s like I’ve fallen into an abyss.
The other plaintiff, Maria L., is in the process of seeking humanitarian relief that would let her eventually qualify for legal permanent resident. She, like Nancy M., was told that she owed “hundreds of thousands of dollars” for remaining in the United States while her case was pending.
Attorneys for the women say that other immigrants have found themselves on the hook for similar sums of money.
“Lots of people who are getting these fines are doing everything by the books,” said Charles Moore, a senor attorney at Public Justice, another of the organizations representing the plaintiffs. “They might be checking in with I.C.E., they’re trying to navigate an immigration system that is incredibly complex, and a lot of them are applying for relief that would allow them to achieve lawful status.”
“Nevertheless, they’re being targeted for these civil penalties in a way that completely disregards the law,” Moore said.
Sources
Lawsuit Challenges Trump Administration Over $1.8 Million in Immigration Fines
Lawsuit filed on behalf of immigrants fined up to $1.8 million for remaining in the country
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