8 C.F.R. § 281.1 – Exclusive procedures for civil monetary penalties under sections 240B(d), 274D(a)(1), and 275(b) of the Act.

(a) Scope. Notwithstanding any contrary provision of 8 CFR part 280, and except as otherwise provided in this section, the procedures in this section shall be the sole and exclusive procedures for the issuance and appeal of civil monetary penalties imposed by the Department under sections 240B(d), 274D(a)(1), or 275(b) of the Immigration and Nationality Act on or after June 27, 2025.
(b) Authority of immigration officers. Immigration officers of the Department of Homeland Security, as defined in 8 CFR 1.2, who have reason to believe that an alien has violated any of the provisions of the Act and has thereby become liable to the imposition of a civil monetary penalty under sections 240B(d), 274D(a)(1), or 275(b) of the Act are authorized to both issue decisions imposing civil monetary penalties under sections 240B(d), 274D(a)(1), or 275(b) as provided under paragraph (c) of this section and to review appeals involving such penalties as provided in paragraph (e) of this section.
(c) Assessment of civil monetary penalty.
1. (1) Decision and order. If the immigration officer decides that a civil penalty shall be imposed under sections 240B(d), 274D(a)(1), or 275(b) of the Act, the decision and order shall contain the statutory basis for the penalty, the amount and type of the penalty being imposed, and a brief statement of the reasons for the decision.
2. (2) Advisals. The decision issued under paragraph (c)(1) of this section shall contain the following written information and advisals:
  1. (i) That the alien has a right to an appeal and that a written notice of appeal must be postmarked within 15 business days from the date of service of the immigration officer's decision;
  2. (ii) That any written notice of appeal must be submitted to the Department in accordance with the filing instructions provided in the decision and at the address specified in the decision;
  3. (iii) That if the alien elects to submit a written defense or documentary evidence or both in connection with an appeal, the alien shall file these materials with the notice of appeal;
  4. (iv) That the alien may be represented by counsel of his or her choice at no expense to the United States Government; and
  5. (v) That if the alien does not file a timely written notice of appeal, the immigration officer's decision and order will become final, and the alien will be liable for the assessed civil penalty.
(d) Service of the decision and order. Notwithstanding § 103.8(c) of this chapter, the Department will serve the decision and order referenced in paragraph (c) of this section that imposes the civil penalties under sections 240B(d), 274D(a)(1), or 275(b) of the Act either in person or using routine service as outlined in § 103.8(a)(1)(i) of this chapter.
(e) Appeal—(1) Filing requirements. If the alien contests the immigration officer's decision issued under paragraph (c)(1) of this section, the alien shall file a written notice of appeal with the Department postmarked within 15 business days of the date of service of the decision. The alien may submit a written defense or documentary evidence or both setting forth the reasons why a civil penalty should not be imposed, provided that such materials are filed with the written notice of appeal. The alien shall file the written notice of appeal and any accompanying material with the Department in accordance with the filing instructions and at the address provided in the decision. The initial civil penalty decision under (c)(1) remains inoperative during the appeal period and while a timely administrative appeal is pending.
(2) Review. The alien's appeal will be reviewed by a supervisory immigration officer who did not issue the original decision. That designated supervisory immigration officer shall review the record de novo within 10 days after the notice of appeal is filed and may, in the officer's discretion, call for additional briefing or written filings from the alien. If the officer requests additional briefing or written filings from the alien, the alien shall have 15 days from receipt of that request to provide the information. In all cases, the designated supervisory immigration officer shall issue a final decision in writing no later than 45 days after the notice of appeal was filed and shall serve it on the alien in accordance with the rules for service described in paragraph (d) of this section.
(3) Record. The record reviewed by the supervisory immigration officer shall include the immigration officer's decision, evidence contained in the Department's administrative files, and any written filings, briefs, documentary evidence, or other relevant material timely filed by the alien in connection with the alien's appeal. If requested by the alien on appeal, the supervisory immigration officer shall provide copies of pertinent documentation and records relevant to the penalty unless such records are law enforcement sensitive or disclosure is prohibited by law.
(4) Secretary of Homeland Security. The Secretary of Homeland Security, or the Secretary's designee, may certify for review any decision to issue civil monetary penalties for violations under sections 240B(d), 274D(a)(1), or 275(b) of the Act and issue a new decision de novo.
(f) Final decision; payment of penalties—(1) No further appeal. There is no further appeal from a final decision and order issued under this section. The alien may not file a motion to reopen or reconsider a decision under this section. However, the Department may reopen a fine determination sua sponte at any time to reconsider the determination and reduce or rescind the fine imposed.
(2) Notice of final decision. At such time as the decision and order under this part is final, the supervisory immigration officer who issued the final decision shall furnish a copy of the decision and order to all other relevant immigration officers within the Department as designated by the Secretary of Homeland Security.
(3) Final agency action. The supervisory immigration officer's decision issued under (e)(2), or, if no appeal is taken, the decision issued under (c)(1), constitutes final agency action unless the Secretary of Homeland Security, or the Secretary's designee, certifies the decision for review under (e)(4).
(4) Payment of penalties. All civil monetary penalties assessed pursuant to sections 240B(d), 274D(a), or 275(b) of the Act shall be made payable to and collected by the Department.
(g) Civil monetary penalty amounts. For the current civil monetary penalty amounts for violations of sections 240B(d), 274D(a), or 275(b) of the Act, refer to the provisions in 8 CFR 280.53.
(h) Grandfathering provision. The issuance and appeal of civil monetary penalties imposed by the Department under sections 240B(d), 274D(a), or 275(b) of the Act are governed by the procedures provided in 8 CFR part 280, and, as applicable, the appellate procedures provided in 8 CFR parts 1003 and 1280, if the following conditions are met:
1. (1) A Notice of Intention to Fine under 8 CFR part 280 was issued prior to June 27, 2025; and
2. (2) That Notice of Intention to Fine was issued under sections 240B(d), 274D(a), or 275(b) of the Act.