Federal judge blocks Trump admin from fining illegals who won’t leave

A federal judge in Boston has blocked the Trump administration from fining illegal aliens up to $1.8 million for failing to go back home after receiving a final deportation order.

On Monday, U.S. District Judge George O’Toole ruled that the fines were unlawfully imposed and that the steep penalties could push migrants already in dire financial condition into insolvency.

“The plaintiffs live in an economically precarious position even without the imposition of the government’s exorbitant fines,” wrote O’Toole, a Bill Clinton appointee.

The class action lawsuit was filed last year by two of the thousands of illegals whom the Trump Department of Homeland Security (DHS) has assessed the fines against.

“They face the possible garnishment of their already modest wages, loss of any vehicles and homes, federal collections lawsuits and other adverse collateral consequences,” wrote O’Toole. “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.”

“Last year, the Trump administration began imposing fines of $998 per day for migrants who did not leave the country following a final order of deportation. The fines have been imposed retroactively for up to five years, with a maximum penalty of $1.8 million,” according to Fox News.

ADVERTISEMENT

“Under President Trump and Secretary Mullin, DHS is working faster than ever before to remove criminal illegal aliens from our country,” said Assistant DHS Secretary Lauren Bis in July. “Our message to illegal aliens is clear: LEAVE NOW. If you don’t you will face the consequences, including fines, arrest, and deportation. Illegal aliens have a choice: They can use the CBP Home app and receive a free flight home and $2,600, or be fined, arrested, and deported.”

The activist judge also said that the migrants who claimed that they came to the United States to escape political violence in their homelands were toiling in low-wage jobs to survive.

“Nancy M. was fined over $1.8 million,” O’Toole wrote of one of the plaintiffs, portraying her as a victim of the administration’s cruelty. “She is a laborer working over 60 hours a week with two jobs, and she reports feeling serious anxiety affecting her ability to sleep, eat and live a normal life.”

The Clinton judge also said that the fines were in violation of the Administrative Procedure Act because they didn’t provide specific reasons for why the conduct of the migrants merited the penalties.

Last year, Reuters reported that one illegal immigrant who worked at a Pennsylvania meatpacking plant was stunned that she had been fined $1.8 million by immigration authorities.

ADVERTISEMENT

“It’s not fair,” said Wendy Ortiz, who at the time was making $13 an hour. “Where is someone going to find that much money?”

Chris Donaldson

Comment

We have no tolerance for comments containing violence, racism, profanity, vulgarity, doxing, or discourteous behavior. If a comment is spam, instead of replying to it please click the ∨ icon below and to the right of that comment. Thank you for partnering with us to maintain fruitful conversation.

Latest Articles