8 CFR Part 281 — Imposition and Collection of Penalties Under Sections 240B(d), 274D(a)(1), and 275(b) of the Act

PART 281—IMPOSITION AND COLLECTION OF PENALTIES UNDER SECTIONS 240B(d), 274D(a)(1), and 275(b) OF THE ACT Authority: 8 U.S.C. 1103, 1221, 1223, 1227, 1229, 1229c, 1253, 1322, 1323, 1325, 1324d, 1330; 5 U.S.C. 301; Public Law 107-296, 116 Stat. 2135 (6 U.S.C. 101 et seq. Source: 90 FR 27457, June 27, 2025, unless otherwise noted. § 281.1 Exclusive procedures for civil monetary penalties under sections 240B(d), 274D(a)(1), and 275(b) of the Act. (a) Scope. (b) Authority of immigration officers. (c) Assessment of civil monetary penalty. Decision and order. (2) Advisals. (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; (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; (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; (iv) That the alien may be represented by counsel of his or her choice at no expense to the United States Government; and (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. (e) Appeal Filing requirements. (2) Appeals affected by mail delay. (3) Review. (4) Record. (5) Secretary of Homeland Security. (f) Final decision; payment of penalties No further appeal. (2) Notice of final decision. (3) Final agency action. (4) Payment of penalties. (g) Civil monetary penalty amounts. (h) Grandfathering provision. (1) A Notice of Intention to Fine under 8 CFR part 280 was issued prior to June 27, 2025; and (2) That Notice of Intention to Fine was issued under sections 240B(d), 274D(a), or 275(b) of the Act. [90 FR 27457, June 27, 2025, as amended at 91 FR 65432, Oct. 14, 2026] § 281.2 [Reserved]

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