In the current landscape of increased immigration enforcement, many noncitizens are considering the option of leaving the United States in order to return to their home country or to seek opportunities in a different country. In the current landscape of increased immigration enforcement, many noncitizens are considering the option of leaving the United States in order to return to their home country or to seek opportunities in a different country. This practice advisory provides guidance to immigration attorneys and advocates who are asked to provide such advice and walks through common issues for the client to consider before deciding to leave the United States. It also includes a checklist of helpful questions and information to review with the client before they depart.

This practice advisory is Part I of a two-part advisory on civil fines and civil penalties instituted by DHS against noncitizens. Part I discusses the procedures for instituting a fine and recommendations for contesting and appealing a civil fine instituted by DHS. Part II will discuss statutory and Constitutional arguments and defenses against the issuance of fines.