9.1 - Fines Generally

Certain provisions of the Immigration and Nationality Act render individuals and carriers liable for transporting unauthorized aliens into the United States.  See Immigration and Nationality Act § 273; 8 C.F.R. part 1280.  Fines may be assessed by a Department of Homeland Security (DHS) Special Agent in Charge, the DHS Associate Director for Operations, U.S. Citizenship and Immigration Services, or the DHS National Fines Office.  8 C.F.R. § 1280.1.

In fines cases, DHS is initially responsible for appeal management, including initial briefing.  The Board of Immigration Appeals’ role in the appeal process does not begin until the completed record is received from DHS.