Federal · Title 8 — Aliens and Nationality

8 U.S.C. § 1253: Penalties related to removal

Misdemeanor

What this law says, in plain English

Aliens who willfully fail to depart the U.S. within 90 days of a removal order, refuse to obtain travel documents, or fail to present for removal face fines up to $1,000 and/or imprisonment up to one year.

Read the full statutory text
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, willfully fails or refuses to make timely application in good faith for travel or other documents necessary to the alien’s departure, 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 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, 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. the age, health, and period of detention of the alien; the effect of the alien’s release upon the national security and public peace or safety; the likelihood of the alien’s resuming or following a course of conduct which made or would make the alien deportable; 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; 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 the eligibility of the alien for discretionary relief under the immigration laws. 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. 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. 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. The Attorney General may not compromise the amount of such penalty under this paragraph. 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. A vessel or aircraft may not be granted clearance if a civil penalty imposed under paragraph (1) is not paid. 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. The attorney general of a State, or other authorized State officer, alleging a violation of the requirement to discontinue granting visas to citizens, subjects, nationals, and residents as described in subsection (d) that harms such State or its residents shall have standing to bring an action against the Secretary of State on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable. For purposes of this subsection, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100.

Verify at the official source: Federal legislative text

Facing this? Know exactly what happens next.

MOFRD turns this code section into your situation: the deadlines that apply to you, the forms your county uses, and the resolution paths people in your position actually take. Free for 3 days — no card required.

This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.