You Can't Make This Up: Judge Blocks Trump Fines on Illegal Aliens Because They Might Go Broke

A federal judge in Massachusetts has blocked the Trump administration’s current civil-fine program targeting illegal aliens who remain after final deportation orders. His discussion of the financial consequences will infuriate you.

On Monday, U.S. District Judge George O'Toole Jr., a Bill Clinton appointee, blocked the effort by the Trump administration to impose civil penalties of up to $1.8 million on illegals who remain in the country despite having those final deportation orders in hand.

The administration was relying on a provision of federal immigration law that allows it to levy civil penalties of up to $998 per day for those who fail to depart the country after receiving a final removal order. And they weren't particularly shy about using that provision, aggressively penalizing those who refused to leave.

In July, the Department of Homeland Security revealed that it had issued more than 103,000 penalties totaling around $84 billion since President Trump returned to office in January of 2025. Some of those fines were applied retroactively, thus pushing a number of individual penalties as high as $1.8 million.

That was apparently a bridge too far for Judge O'Toole, who ruled in a class-action lawsuit brought by some those illegals who had been fined that the federal government must hit the brakes on the program.

He was quite concerned about the financial health of the illegals, writing, "The plaintiffs live in an economically precarious position even without the imposition of the government's exorbitant fines."

The judge also warned that those who have been fined could have their wages garnished and might possibly be pushed into insolvency.

"They face the possible garnishment of their already modest wages, loss of any vehicles and homes, federal collections lawsuits and other adverse collateral consequences," O’Toole added. "If they were ultimately successful in this suit, there is no indication that simply requiring the government to vacate their fine notices would –– or even could, at that point –– make the plaintiffs whole or return the circumstances to the status quo."

O'Toole used plaintiff Nancy M. as an example, saying she works more than 60 hours a week at two jobs, but suffers "serious anxiety" over the monetary penalties. DHS assessed her more than $1.8 million in fines. She has since been admitted as a lawful permanent resident.

The judge did not invalidate the statutory authority to impose these fines. He found the plaintiffs likely to succeed because the government failed to adequately assess whether individual failures to depart were willful or voluntary and adopted its streamlined procedures without the required public notice and comment pursuant to the Administrative Procedure Act.

So, the fines are on hold for now.

Of course, there's another attractive option open to all those illegal aliens with final removal orders and hefty fines: DHS will pay them $2,600, plus travel assistance, to self-deport through the Customs and Border Protection (CBP) Home app.

Editor's Note: This article was updated post-publication for clarity.

Editor's Note: Unelected federal judges are obstructing President Trump's agenda and ignoring the will of the people.

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