8 U.S.C. § 1324d

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 1324d - Civil penalties for failure to depart

(a) In general

Any alien subject to a final order of removal who-

(1) willfully fails or refuses to-

(A) depart from the United States pursuant to the order,

(B) make timely application in good faith for travel or other documents necessary for departure, or

(C) present for removal at the time and place required by the Attorney General; or

(2) conspires to or takes any action designed to prevent or hamper the alien's departure pursuant to the order,

shall pay a civil penalty of not more than $500 to the Commissioner for each day the alien is in violation of this section.

(b) Construction

Nothing in this section shall be construed to diminish or qualify any penalties to which an alien may be subject for activities proscribed by section 1253(a) of this title or any other section of this chapter.

8 U.S.C. § 1324d

June 27, 1952, ch. 477, title II, ch. 8, §274D, as added Pub. L. 104-208, div. C, title III, §380(a), Sept. 30, 1996, 110 Stat. 3009-650.

EDITORIAL NOTES

REFERENCES IN TEXTThis chapter, referred to in subsec. (b), was in the original, "this Act", meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE Pub. L. 104-208, div. C, title III, §380(c), Sept. 30, 1996, 110 Stat. 3009-650, provided that: "The amendment made by subsection (a) [enacting this section] shall apply to actions occurring on or after the title III-A effective date (as defined in section 309(a) of this division [set out as a note under section 1101 of this title])."

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONSFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION AND DEPORTATIONFor purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104-208 set out in an Effective Date of 1996 Amendments note under section 1101 of this title.

Attorney General

The term "Attorney General" means the Attorney General of the United States.

Service

The term "Service" means the Immigration and Naturalization Service of the Department of Justice.

alien

The term "alien" means any person not a citizen or national of the United States.

naturalization

The term "naturalization" means the conferring of nationality of a state upon a person after birth, by any means whatsoever.

order of deportation

The term "order of deportation" means the order of the special inquiry officer, or other such administrative officer to whom the Attorney General has delegated the responsibility for determining whether an alien is deportable, concluding that the alien is deportable or ordering deportation.

Commissioner

The terms "Commissioner" and "Deputy Commissioner" mean the Commissioner of Immigration and Naturalization and a Deputy Commissioner of Immigration and Naturalization, respectively.