CITE

    8 USC Sec. 1324d                                            01/05/2009

EXPCITE

    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VIII - General Penalty Provisions

HEAD

    Sec. 1324d. Civil penalties for failure to depart

STATUTE

    (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.

SOURCE

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

EFFECTIVE DATE

      Section 308(c) of div. C of Pub. L. 104-208 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 FUNCTIONS

      For 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 DEPORTATION

      For 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.