A federal lawsuit filed Thursday in Massachusetts challenges the constitutionality of substantial fines levied against illegal immigrants, with individual penalties reaching as high as $1.8 million per person.
The class-action complaint, filed on behalf of two immigrant women and potentially representing more than 21,500 individuals, contests daily penalties of $998 imposed by the Department of Homeland Security. According to attorneys representing the plaintiffs, these fines have accumulated to more than $6 billion in total under the Trump administration’s enforcement policies.
The legal challenge centers on what attorneys characterize as “ruinous civil fines” that are “grossly disproportionate to the gravity” of immigration violations. The lawsuit argues these penalties violate constitutional protections against excessive fines.
One plaintiff, identified in court documents only as Nancy M. to protect against potential retribution, resides in Florida and received a bill for approximately $1.8 million earlier this year. According to the complaint, Nancy M. had been complying with an order of supervision, meeting annually with immigration officials while pursuing legal permanent resident status. The substantial fine appears to have accumulated through daily penalties assessed over a five-year period, despite her ongoing compliance with federal requirements.
Hasan Shafiqullah, a supervising attorney with The Legal Aid Society representing the immigrants, stated that his clients have been following legal procedures as required. “The people we serve are doing exactly what the law requires — pursuing legal relief through immigration courts and immigration agencies,” Shafiqullah explained. “In return, the government is threatening to seize their wages, cars, even their homes.”
The Department of Homeland Security has rejected the lawsuit’s premise. DHS spokeswoman Tricia McLaughlin characterized the legal action as “just another attempt to nullify federal immigration law through activist litigation.” She emphasized that the plaintiffs “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.”
The fines in question stem from policies implemented following President Trump’s return to office in January. The administration announced a series of measures designed to encourage voluntary departure of illegal immigrants. In February, DHS formally announced that those choosing not to self-deport would face “significant financial penalty.”
The case raises fundamental questions about the balance between immigration enforcement and constitutional limits on government penalties. As this litigation proceeds through the federal courts, it will test whether the substantial fines imposed represent legitimate enforcement tools or unconstitutional excessive punishment.
The outcome may have far-reaching implications for immigration policy and the thousands of individuals currently facing similar financial penalties while navigating the complex immigration system.
Related: Maryland Mother Deported to Vietnam After Two Decades of Immigration Check-Ins
