A Gujarati businessman who has been residing illegally in the United States for 16 years has been slapped with a civil penalty of USD 1.8 million (approximately Rs 15 crore) by the Department of Homeland Security (DHS). The fine has been imposed for failing to comply with a final removal order. The businessman had entered the US through Mexico.
Details of the Penalty
A notice issued in April under the provisions of the Immigration and Nationality Act alleges that the individual willfully refused to leave the US despite being ordered deported years ago. The penalty has been calculated at USD 998 (over Rs 94,000) per day over the period of non-compliance. According to documents reviewed by this newspaper, the man entered the US in 2010 via the US-Mexico border and was detained shortly after his entry. Although released within weeks, he was served a final removal order the following year. However, like many migrants at the time, he allegedly failed to appear before immigration authorities thereafter and continued to reside in the country.
Business and Family
Over the years, he established multiple businesses and brought his wife and two children to the US through similar routes. Two years ago, he applied for a U visa, which is granted to victims of certain crimes, under which he currently holds a valid work permit and social security number. Despite this pending application, DHS has now moved ahead with the civil penalty, citing a prolonged violation. The notice states that the recipient is neither a US citizen nor legally authorized to stay, and accuses him of failing to depart voluntarily, not applying for travel documents, and not presenting himself for removal when required. He has been given 15 days to appeal, failing which the order will be treated as final and recovery proceedings may follow.
Legal Advice
Sources said the development has left the businessman scrambling for legal advice. While one lawyer reportedly suggested negotiating by paying a reduced amount along with legal fees, another advised waiting, citing the ongoing legal challenges to such penalties. Sources in the US say thousands of such notices have been issued in recent months, primarily to migrants from Latin America, with penalties often crossing USD 1 million. However, instances involving Gujaratis remain rare, making this case particularly significant for the diaspora. Sources privy to the development said that while penalties running into billions of dollars have been imposed collectively, there is little clarity on actual recoveries or whether such notices lead to voluntary departures.
