8 U.S.C. § 1253 : US Code - Section 1253: Penalties related to removal

Search 8 U.S.C. § 1253 : US Code - Section 1253: Penalties related to removal

(a) Penalty for failure to depart
(1) In general
Any alien against whom a final order of removal is outstanding
by reason of being a member of any of the classes described in
section 1227(a) of this title, who - 
(A) willfully fails or refuses to depart from the United
States within a period of 90 days from the date of the final
order of removal under administrative processes, or if judicial
review is had, then from the date of the final order of the
court,
(B) willfully fails or refuses to make timely application in
good faith for travel or other documents necessary to the
alien's departure,
(C) connives or conspires, or takes any other action,
designed to prevent or hamper or with the purpose of preventing
or hampering the alien's departure pursuant to such, or
(D) willfully fails or refuses to present himself or herself
for removal at the time and place required by the Attorney
General pursuant to such order,
shall be fined under title 18, or imprisoned not more than four
years (or 10 years if the alien is a member of any of the classes
described in paragraph (1)(E), (2), (3), or (4) of section
1227(a) of this title), or both.
(2) Exception
It is not a violation of paragraph (1) to take any proper steps
for the purpose of securing cancellation of or exemption from
such order of removal or for the purpose of securing the alien's
release from incarceration or custody.
(3) Suspension
The court may for good cause suspend the sentence of an alien
under this subsection and order the alien's release under such
conditions as the court may prescribe. In determining whether
good cause has been shown to justify releasing the alien, the
court shall take into account such factors as - 
(A) the age, health, and period of detention of the alien;
(B) the effect of the alien's release upon the national
security and public peace or safety;
(C) the likelihood of the alien's resuming or following a
course of conduct which made or would make the alien
deportable;
(D) the character of the efforts made by such alien himself
and by representatives of the country or countries to which the
alien's removal is directed to expedite the alien's departure
from the United States;
(E) the reason for the inability of the Government of the
United States to secure passports, other travel documents, or
removal facilities from the country or countries to which the
alien has been ordered removed; and
(F) the eligibility of the alien for discretionary relief
under the immigration laws.
(b) Willful failure to comply with terms of release under
supervision
An alien who shall willfully fail to comply with regulations or
requirements issued pursuant to section 1231(a)(3) of this title or
knowingly give false information in response to an inquiry under
such section shall be fined not more than $1,000 or imprisoned for
not more than one year, or both.
(c) Penalties relating to vessels and aircraft
(1) Civil penalties
(A) Failure to carry out certain orders
If the Attorney General is satisfied that a person has
violated subsection (d) or (e) of section 1231 of this title,
the person shall pay to the Commissioner the sum of $2,000 for
each violation.
(B) Failure to remove alien stowaways
If the Attorney General is satisfied that a person has failed
to remove an alien stowaway as required under section
1231(d)(2) of this title, the person shall pay to the
Commissioner the sum of $5,000 for each alien stowaway not
removed.
(C) No compromise
The Attorney General may not compromise the amount of such
penalty under this paragraph.
(2) Clearing vessels and aircraft
(A) Clearance before decision on liability
A vessel or aircraft may be granted clearance before a
decision on liability is made under paragraph (1) only if a
bond approved by the Attorney General or an amount sufficient
to pay the civil penalty is deposited with the Commissioner.
(B) Prohibition on clearance while penalty unpaid
A vessel or aircraft may not be granted clearance if a civil
penalty imposed under paragraph (1) is not paid.
(d) Discontinuing granting visas to nationals of country denying or
delaying accepting alien
On being notified by the Attorney General that the government of
a foreign country denies or unreasonably delays accepting an alien
who is a citizen, subject, national, or resident of that country
after the Attorney General asks whether the government will accept
the alien under this section, the Secretary of State shall order
consular officers in that foreign country to discontinue granting
immigrant visas or nonimmigrant visas, or both, to citizens,
subjects, nationals, and residents of that country until the
Attorney General notifies the Secretary that the country has
accepted the alien.