Interim Final Rule: Imposition and Collection of Civil Penalties for Certain Immigration-Related Violations

New from ICE/DHS/EOIR/DOJ, an interim final rule on the Imposition and Collection of Civil Penalties for Certain Immigration-Related Violations. Here is the summary:

This interim final rule (“IFR”) amends existing DHS and DOJ regulations. It provides exclusive DHS procedures for the issuance of civil monetary penalties under the Immigration and Nationality Act for aliens who fail to depart voluntarily during the voluntary departure period, willfully fail or refuse to depart after a final removal order and certain other proscribed activities, or are apprehended while improperly entering or attempting to enter the United States. The IFR also transfers the appeals process for these penalties from DOJ’s Board of Immigration Appeals to DHS.

A little more specifically:  

In short, DHS is streamlining the process for assessing and imposing civil penalties by: (1) removing the NIF process; (2) shortening the timeline for an alien to contest a civil penalty decision; (3) creating a simplified process for aliens to contest civil penalties through a written appeal that will be decided by a DHS supervisory immigration officer, rather than the BIA; and (4) allowing DHS to serve civil monetary penalty decisions and orders by ordinary mail.

-KitJ