Costs are piling up for Kenyans and other foreigners who overstay their visits to the US, following an aggressive stance by the Donald Trump administration which is now deploying daily fines to pressure unauthorised immigrants into self-deporting.
This week, Washington began fining irregular immigrants as much as $1.8 million (Sh232 million). More than 100,000 people have received letters from the Department of Homeland Security (DHS) informing them that they owe $998 (about Sh129,241) for each day they remained in the US after an immigration judge ruled they had no legal right to stay.
According to the DHS, unauthorised immigrants who fail to self-deport could face daily fines. However, self-deportation automatically cancels these levies.
The US government has referred some debts owed by unauthorised immigrants to private collection agencies. It has seized tax refunds and garnished wages, while the Department of Justice has taken dozens of immigrants to court to compel them to pay.
So far, the actual data on how much irregular immigrants owe overall has not been revealed. Authorities have also not given a breakdown of how many people per country have overstayed. However, the US regularly publishes the names of foreigners due for deportation if they have committed serious crimes on US soil; that list has included Kenyans and other Africans.
These fines are authorised under the Immigration and Nationality Act (INA) and were expanded under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Under this law, unauthorised immigrants who fail to depart voluntarily within a specified period, ignore formal removal orders, or attempt illegal entry or re-entry into the US face fines of up to $998 per day for wilfully failing to comply with a removal order.
Some fines can be applied retroactively for up to five years. Non-compliance can also lead to civil lawsuits in federal court by the government, garnishment of wages and tax refunds, seizure of property, and reporting of offenders to credit bureaus.
The DHS has argued that fining unauthorised immigrants costs significantly less than traditional deportation proceedings, which can be lengthy, costly and dangerous for immigration officers. The punitive fines are designed to encourage unauthorised immigrants to leave the United States voluntarily.
According to the agency, non-criminal unauthorised immigrants who voluntarily leave the US may keep money they earned while in the country and preserve their eligibility to pursue legal immigration in the future. Some may also qualify for subsidised flights if they cannot afford to travel home. The DHS warns that those who fail to self-deport will be apprehended with no opportunity to get their affairs in order beforehand.
The DHS has, however, offered incentives for self-deportation. Using the Customs and Border Protection (CBP) Home app, self-deporting immigrants can receive forgiveness of all civil fines and penalties, a free or subsidised flight home, and a cash stipend of up to $2,600 (Sh335,000). Self-deportees may also be eligible to return legally to the US in the future. The DHS promotes self-deportation as the safest and most cost-efficient option for unauthorised immigrants, allowing them to avoid fines, arrest and permanent barriers to re-entry.
For unauthorised immigrants, there are, however, practical and legal considerations to keep in mind. First, self-deportation through the CBP Home app may not fully protect against re-entry bars or other legal consequences for those who later try to re-enter the US. Some individuals may not be eligible to pay fines because they have pending immigration cases. Others may not have the financial means to pay fines, which could deter them from self-deporting altogether.
