Can the US government really take my house or money from my bank accounts for staying in the US unlawfully?

Can the US government really take my house or money from my bank accounts for staying in the US unlawfully?

Yes, in some cases, the U.S. government can pursue your assets—such as your bank accounts or even your home—if you are issued civil penalties for immigration violations, but this is rare and depends heavily on the circumstances. The Immigration and Nationality Act (INA § 274D) allows for civil fines against noncitizens who:

• Fail to depart after a final removal order,

• Violate the terms of nonimmigrant status,

• Are inadmissible or present without authorization.

Example Civil Fines:

• Up to $500 per day for failing to depart under a final order of removal (INA § 274D).

• Civil penalties for visa overstay, false claims to citizenship, or working without authorization.

Under the Trump administration, this section of the INA, some have speculated that it is being used to instill fear and intimidate the immigrant community. These fines are rarely issued in practice. It is very rare in immigration-only cases. Enforcement of civil penalties against immigrants for simply being present unlawfully is extremely uncommon. Usually happens only in aggravated cases, e.g.:

·         Someone refuses to leave after multiple notices,

·         Is involved in fraud or national security issues,

·         Owes massive penalties and has significant assets.

Even if the US government has chosen to enforce civil penalties against you, you have the right to due process under the Constitution including notice of debt, opportunity to challenge, and formal debt collection proceedings.

Other immigration consequences are much more likely:

• Bars to reentry (3, 10, or permanent bars),

• Deportation/removal orders,

• Ineligibility for future immigration benefits,

• Detention if re-encountered by ICE,

• No work permits or ID access.