On January 13, 2023, the Department of Homeland Security (DHS) published a final rule enumerating the revisions to civil monetary penalty amounts for 2023 in the Federal Register. Federal agencies are required to adjust minimum and maximum civil penalty amounts annually according to a statutory formula under the Federal Civil Penalties Inflation Adjustment Act. The purpose for the annual adjustment is to account for inflation and preserve deterrent impact of penalties.
The penalty increases set forth in the final rule reflect those mandatory annual adjustments, and include adjustments made by U.S. Customs and Border Protection (CBP). The 2023 civil penalty amount for each violation covered by the final rule has increased by a multiplier of 1.07745. The penalty adjustments made by this rule apply only to violations that take place after the effective date of January 13, 2023. The adjustments have no impact on previously assessed or enforced penalties that DHS has collected or is in the process of collecting.
The increased penalty amounts for CBP violations are set forth in 88 Fed. Reg 2176-2177. Entries for certain CBP monetary penalties related to aviation have been reproduced below:
|
Penalty name |
Citation |
Penalty amount as adjusted in the 2022 FR |
Multiplier |
New penalty as adjusted by this final rule |
|
Penalties for non-compliance with arrival and departure manifest requirements for passengers, crewmembers, or occupants transported on commercial vessels or aircraft arriving to or departing from the United States |
8 U.S.C. 1221(g); 8 CFR 280.53(b)(1) (INA section 231(g)). |
$1,525 |
1.07745 |
$1,643 |
|
Penalties for non-compliance with landing requirements at designated ports of entry for aircraft transporting aliens |
8 U.S.C. 1224; 8 CFR 280.53(b)(2) (INA section 234). |
$4,144 |
1.07745 |
$4,465 |
|
Penalties for failure to depart voluntarily |
8 U.S.C. 1229c(d); 8 CFR 280.53(b)(3) (INA section 240B(d)). |
$1,746-$8,736 |
1.07745 |
$1,881-$9,413 |
|
Penalties for violations of removal orders relating to aliens transported on vessels or aircraft under section 241(d) of the INA, or for costs associated with removal under section 241(e) of the INA. |
8 U.S.C. 1253(c)(1)(A); 8 CFR 280.53(b)(4) (INA section 243(c)(1)(A)). |
$3,494 |
1.07745 |
$3,765 |
|
Penalties for failure to remove alien stowaways under section 241(d)(2) of the INA |
8 U.S.C. 1253(c)(1)(B); 8 CFR 280.53(b)(5) (INA section 243(c)(1)(B)) |
$8,736 |
1.07745 |
$9,413 |
|
Penalties for failure to report an illegal landing or desertion of alien crewmen, and for each alien not reported on arrival or departure manifest or lists required in accordance with section 251 of the INA. |
8 U.S.C. 1281(d); 8 CFR 280.53(b)(6) (INA section 251(d)). |
$414 for each alien |
1.07745 |
$446 for each alien |
|
Penalties for use of alien crewmen for longshore work in violation of section 251(d) of the INA. |
8 U.S.C. 1281(d); 8 CFR 280.53(b)(6) (INA section 251(d)) |
$10,360 |
1.07745 |
$11,162 |
|
Penalties for failure to control, detain, or remove alien crewmen |
8 U.S.C. 1284(a); 8 CFR 280.53(b)(7) (INA section 254(a)) |
$1,036-$6,215 |
1.07745 |
$1,116-$6,696 |
|
Penalties for employment on vessels of aliens afflicted with certain disabilities |
8 U.S.C. 1285; 8 CFR 280.53(b)(8) (INA section 255). |
$2,072 |
1.07745 |
$2,232 |
|
Penalties for discharge of alien crewmen |
8 U.S.C. 1286; 8 CFR 280.53(b)(9) (INA section 256). |
$3,107-$6,215 |
1.07745 |
$3,348-$6,696 |
|
Penalties for bringing into the United States alien crewmen with intent to evade immigration laws |
8 U.S.C. 1287; 8 CFR 280.53(b)(10) (INA section 257). |
$20,719 |
1.07745 |
$22,324 |
|
Penalties for failure to prevent the unauthorized landing of aliens |
8 U.S.C. 1321(a); 8 CFR 280.53(b)(11) (INA section 271(a)). |
$6,215 |
1.07745 |
$6,696 |
|
Penalties for bringing to the United States aliens subject to denial of admission on a health-related ground |
8 U.S.C. 1322(a); 8 CFR 280.53(b)(12) (INA section 272(a)). |
$6,215 |
1.07745 |
$6,696 |
|
Penalties for bringing to the United States aliens without required documentation |
8 U.S.C. 1323(b); 8 CFR 280.53(b)(13) (INA section 273(b)). |
$6,215 |
1.07745 |
$6,696 |
|
Penalties for failure to depart |
8 U.S.C. 1324d; 8 CFR 280.53(b)(14) (INA section 274D). |
$874 |
1.07745 |
$942 |
|
Penalties for improper entry |
8 U.S.C. 1325(b); 8 CFR 280.53(b)(15) (INA section 275(b)). |
$87-$438 |
1.07745 |
$94-$472 |
|
Penalty for dealing in or using empty stamped imported liquor containers |
19 U.S.C. 469 |
$580 |
1.07745 |
$625 |
Established in 1999 and based in Washington, DC, The Wicks Group has a lengthy record of providing technical assistance to civil aviation authorities (CAAs) worldwide, including but not limited to the CAAs of India, Panama, Cabo Verde, Azerbaijan, Ukraine, and Trinidad and Tobago. In all, ten FAA Category 1 ratings have been issued to TWG IASA technical assistance clients to date – a 100% track record. TWG also regularly assists foreign air carriers with obtaining the US government approvals needed for US air carrier operations and foreign repair stations with securing FAA certification required to maintain US-registered aircraft.
For more information about The Wicks Group, please contact Glenn Wicks at gpwicks@wicks-group.com.