A lawsuit was filed Thursday (November 20) against the federal government on behalf of immigrants facing fines of up to $1.8 million each for remaining in the United States illegally. The suit, filed in a Massachusetts court, seeks class-action status to represent over 21,500 individuals who have been subjected to daily penalties of $998, which have accumulated to more than $6 billion since President Donald Trump returned to office earlier this year.
The fines are part of an immigration crackdown designed to encourage undocumented immigrants to leave the country. However, the lawsuit argues that these penalties are "grossly disproportionate" and unconstitutional. Hasan Shafiqullah, a supervising attorney with The Legal Aid Society, stated, "The people we serve are doing exactly what the law requires — pursuing legal relief through immigration courts and immigration agencies." Yet, they face threats of wage, car, and home seizures.
The Department of Homeland Security dismissed the lawsuit as an attempt to nullify federal immigration law. Assistant Secretary Tricia McLaughlin emphasized that the plaintiffs are in the country illegally and are seeking to avoid consequences.
One of the plaintiffs, identified as Nancy M. from Florida, received a bill for approximately $1.8 million, calculated from daily fines over five years. She had been complying with immigration authorities under an "order of supervision" while attempting to gain legal residency.
The lawsuit, backed by organizations like Public Justice and the Refugee and Immigrant Center for Education and Legal Services (RAICES), aims to halt the fines, declaring them unlawful and unconstitutional. The plaintiffs argue the fines violate constitutional protections, including the Fifth Amendment's Due Process Clause and the Eighth Amendment's Excessive Fines Clause. The case also challenges the lack of public notice and participation in the rulemaking process.