Judge halts enforcement of immigration fine regulation

A Massachusetts federal judge has temporarily barred the Department of Homeland Security from enforcing a regulation used to impose large civil fines on immigrants who remain in the United States after removal orders. The preliminary injunction, issued by U.S. District Judge George O’Toole in a class action, applies while the lawsuit proceeds and does not decide the case’s ultimate outcome. O’Toole found that the plaintiffs were likely to succeed in arguing that the government had not followed required procedures when it adopted the regulation and that fine notices lacked specific allegations explaining why each person’s conduct warranted a penalty. The challenged rule streamlined how fines were assessed and contested. The judge concluded that the changes required public notice and comment, which the agencies did not provide. The lawsuit challenges fines imposed under procedures adopted by the Trump administration in 2025. Federal law provides for penalties for certain failures to depart after a removal order, including conduct that is willful.