What the Reported $18,000 DHS Fine Means for Your Court Date

Maybe a neighbor forwarded you a post about a new $18,000 DHS fine. Maybe your own court notice got lost when you moved last spring and now you don't know what date you're supposed to show up for, or whether showing up makes things worse. Both situations lead to the same bad decision: staying home out of fear and letting a hearing or an ICE check-in pass unanswered. That decision is what turns a fixable problem — a wrong address, a missed notice — into a final removal order. Before you decide anything, read what DHS has actually done, what the $18,000 figure really means, and what to do if a hearing already passed.

Quick Answer

DHS has not created a flat $18,000 court-absence fine. The figure traces to 8 U.S.C. § 1324d's daily failure-to-depart penalty — $998 per day per the Federal Register's January 2025 adjustment — which reaches roughly $18,000 after about 18 days following a final removal order, not a single missed hearing date.

The Hard Truth

Is the $18,000 DHS Fine Real?

Partly, and the distinction matters. There is no regulation that charges every immigrant $18,000 for missing one hearing. What exists is 8 U.S.C. § 1324d, a civil penalty for failing to depart after a final order of removal, implemented through 8 C.F.R. § 280.53. The Department of Justice's most recent inflation adjustment to that penalty, published in the Federal Register (90 Fed. Reg. 3217, Jan. 14, 2025), sets the per-day amount at $998. Run the math: at $998 a day, the penalty crosses $18,000 in about 18 days of noncompliance after a final removal order takes effect. That is almost certainly where the $18,000 figure in circulation comes from — a per-day accrual, not a one-time court-date fine.

The National Immigrant Justice Center reported in 2025 that DHS is using this penalty, and the fear it generates, to discourage people from showing up to immigration court at all — the opposite of what actually protects a pending case. Missing court does not avoid the penalty. It triggers a worse problem: an in absentia removal order under 8 C.F.R. § 1003.26, which is itself the final order that starts the daily penalty clock running.

What Happens If You Wait

What Happens If You Miss Your Hearing or a Check-In?

An immigration judge can order removal in absentia the same day you fail to appear, under 8 C.F.R. § 1003.26(c). That order is final unless you file a motion to reopen, and the deadline depends on why you missed court. If DHS failed to properly notify you of the hearing — a defect addressed directly in Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021) — you may be able to reopen at any time. If you simply missed it without that defect, the EOIR Immigration Court Practice Manual, Chapter 4.15, generally requires the motion within 180 days.

Every day that passes after a final removal order is a day the failure-to-depart penalty under 8 U.S.C. § 1324d can accrue — currently $998 per day per the January 2025 Federal Register adjustment. Waiting to see what happens after a missed hearing does not pause that clock, and it does not pause ICE's ability to act on the order at a routine check-in, including at the ICE Chicago Field Office check-in site. Skipping a check-in out of fear of the fine can itself trigger a warrant and detention.

Step-by-Step Process

Steps to Take Before and After a Court Date or Check-In

Confirm your hearing date directly through the EOIR automated case information line (1-800-898-7180) or the online portal using your A-number. Do not rely on a notario, a relative, or a social media post for your actual court date.
If your address changed, file Form EOIR-33 immediately. Immigration judges can only mail notice to the address on file, and an outdated address is one of the most common causes of in absentia orders.
Before a scheduled ICE check-in, including at the Chicago Field Office check-in site, bring your A-number, copies of any pending motions, and proof of attorney representation (Form G-28) if you have counsel.
If you already missed a hearing, request the record of proceedings from EOIR and evaluate a motion to reopen under 8 C.F.R. § 1003.23, citing the specific defect — bad notice, exceptional circumstances, or improper service under the Niz-Chavez standard.
If you receive a notice referencing a failure-to-depart penalty under 8 U.S.C. § 1324d, do not ignore it and do not assume it is uncollectible, but also do not pay it before a lawyer reviews whether the underlying removal order itself is valid.
Get a motion to reopen or check-in representation handled before the next scheduled date, not after. Our removal defense overview and our motion to reopen guide walk through both the Chicago Immigration Court process (525 W. Van Buren St.) and check-in preparation in more detail.

A Real-World Example

A Composite Example: Missed Hearing, Then What

Consider a composite scenario, not a real client. Ana (a composite, not a real client) is placed in removal proceedings after DHS files a Form I-862 Notice to Appear with the Chicago Immigration Court. Her notice lists an initial hearing date, but because of a move, she never receives the follow-up notice of the actual hearing date and time. She misses it. The judge enters an in absentia removal order that same day.

Weeks later, Ana sees a post about the $18,000 DHS fine and assumes the number applies to her immediately. It does not — the failure-to-depart penalty under 8 U.S.C. § 1324d applies only after a final order, and her order is not yet final while a motion to reopen remains possible. Her attorney requests the record of proceedings from EOIR, reviews the notice defect under the Niz-Chavez standard, and files a motion to reopen under 8 C.F.R. § 1003.23 along with a request to stay removal. Whether that motion is granted, denied, or set for further briefing depends on the specific facts of her notice and service history, not on any fee question.

About William J. Vasquez

William J. Vasquez has focused his practice on removal defense and motions to reopen for more than a decade, appearing before the Chicago Immigration Court and before the Board of Immigration Appeals on cases involving defective Notices to Appear, in absentia orders, and contested removal proceedings. Representation before the BIA is available nationwide under 8 C.F.R. § 1292.1, which does not require circuit-specific admission for administrative appeals. For matters that proceed to a federal circuit court petition for review, representation is limited to the circuits where our attorneys currently hold bar admission. Full credentials and case history are available on his attorney bio page.

Key Terms Explained

Key Terms Used on This Page

Notice to Appear (Form I-862) — the charging document DHS files with the immigration court to start removal proceedings; it should include the hearing date and time, though defective notices have been a recurring legal issue (Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021)).

In absentia removal order — an order of removal entered when a person fails to appear for a scheduled hearing, governed by 8 C.F.R. § 1003.26.

Motion to reopen — a request asking the immigration judge or the Board of Immigration Appeals to reconsider a case after a final order, filed under 8 C.F.R. § 1003.23; deadlines and standards are detailed in EOIR Immigration Court Practice Manual, Chapter 4.15.

Failure-to-depart civil penalty — the daily monetary penalty DHS may seek under 8 U.S.C. § 1324d against a person who does not leave the country after a final removal order; the per-day rate is adjusted periodically in the Federal Register.

ICE check-in — a scheduled appointment with ICE Enforcement and Removal Operations, separate from a court hearing, used to monitor people with pending cases or final orders.

DOJ-accredited representative — a non-attorney authorized under the DOJ Office of Legal Access Programs Recognition and Accreditation Program to represent people in immigration matters, distinct from a licensed attorney.

Frequently Asked Questions

Q: Is DHS really charging $18,000 for missing immigration court? A: Not as a flat fee for one missed hearing. The National Immigrant Justice Center reports that DHS is highlighting the daily failure-to-depart penalty under 8 U.S.C. § 1324d, which can reach about $18,000 after roughly 18 days of noncompliance following a final removal order, not a single missed date.

Q: What should I do if I already missed my immigration court hearing? A: Contact an attorney promptly to request the record of proceedings from EOIR and evaluate a motion to reopen under 8 C.F.R. § 1003.23, especially if your Notice to Appear did not list a specific hearing date and time, a defect addressed in Niz-Chavez v. Garland.

Q: Will skipping an ICE check-in avoid the $18,000 penalty? A: No. The penalty under 8 U.S.C. § 1324d only applies after a final removal order exists, and skipping a scheduled check-in can itself lead to a warrant or detention, separate from any penalty question.

Q: Can a DOJ-accredited representative handle my case instead of a lawyer? A: An accredited representative under the DOJ Recognition and Accreditation Program can assist with some filings at lower cost, but a motion to reopen an in absentia order or a disputed penalty generally calls for a licensed attorney's review first.

What Clients Say

Clients describe our intake process as direct: we tell people plainly whether a motion to reopen is realistic, what it costs, and how long EOIR typically takes to rule, before any fee is discussed. That directness, rather than a promised result, is what comes up most often in client feedback about William J. Vasquez and the rest of our team.

A missed hearing or a looming check-in doesn't resolve itself by waiting for more news coverage of the $18,000 figure to settle. The facts of your Notice to Appear, your address history, and your removal order's actual status determine what happens next, and a consultation can sort through those facts this week, before another court date passes.

Schedule a Consultation

If you missed an immigration court hearing, received a notice referencing a failure-to-depart penalty, or have an upcoming ICE check-in and don't know what to bring, schedule a consultation with our removal defense team. We review your EOIR record, evaluate whether a motion to reopen under 8 C.F.R. § 1003.23 is available, and prepare you for the check-in or hearing itself. Request a consultation through our removal defense page today.

Removal Defense Overview
Motions to Reopen In Absentia Removal Orders
ICE Check-In Preparation Checklist
Attorney William J. Vasquez — Full Bio
EOIR Automated Case Information Line