A Rarely-Enforced Law Resurfaces Under Trump-Era Policy Revival
In a stunning revival of a long-dormant immigration law, a 41-year-old illegal alien from Honduras has been fined $1.82 million by U.S. Immigration and Customs Enforcement (ICE) for defying a 2005 deportation order. The fine equates to $500 per day over 3,643 days of noncompliance, marking one of the most aggressive uses of civil immigration penalties in recent memory.
The woman, who has lived illegally in Florida for two decades and is the mother of three U.S.-born children, failed to appear at her initial immigration court hearing nearly 20 years ago, triggering a final removal order. Since then, she has remained in the country undetected — until now.
The Law Behind the Fine
The fine was issued under the 1952 Immigration and Nationality Act, a law that mandates civil penalties for aliens who willfully refuse to depart after being ordered removed. Though the provision lay largely unused for decades, it was reactivated under the Trump administration in 2018, which also empowered ICE to levy fines of nearly $1,000 per day for refusal to leave the country.
Though initially enforced in limited cases under Trump, the policy may now be applied retroactively for up to five years, potentially exposing tens of thousands of long-term violators to crippling penalties — and even asset seizures.
Legal and Political Ramifications
The woman’s attorney, Michelle Sanchez, a vocal immigration activist, decried the fine as “psychological warfare” and accused ICE of “terrorizing” immigrants. She contends that her client, despite the removal order, has maintained a clean record and qualifies for legal residency under current law due to her 20-year presence and her U.S. citizen children.
Sanchez had filed a motion in 2024 to reopen the case and reverse the deportation order, citing the Biden administration’s prosecutorial discretion guidance. But ICE rejected the request, noting that Trump-era policies offered no such discretion for such cases, and thus the removal order must stand.
“This is not about public safety,” Sanchez said. “It’s about making examples of people who can’t fight back financially.”
A Harsh New Precedent?
The case could mark a new chapter in immigration enforcement, especially as federal authorities seek to discourage long-term noncompliance. ICE is signaling that decades of illegal presence do not shield individuals from consequences, even if deportation hasn’t been enforced.
Whether the $1.82 million penalty is an isolated incident or the beginning of broader retroactive enforcement remains to be seen. But one thing is clear: immigration law just got teeth again — and illegal immigrants who ignored past orders may soon find themselves on the hook for more than just deportation.
What’s Next
Legal experts warn this could spur a wave of litigation, as immigrant advocates challenge the constitutionality and fairness of retroactive fines. Meanwhile, supporters of strict immigration laws praise the action as long-overdue accountability in a broken system.
As the 2024 election looms, the enforcement of old statutes under new political pressure may become a flashpoint in America’s immigration debate — with real consequences for those who stayed when the law said go.