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

Page 344 TITLE 8—ALIENS AND NATIONALITY § 1252a Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title. AUTHORITY TO ACCEPT CERTAIN ASSISTANCE Pub. L. 103–322, title XIII, § 130008, Sept. 13, 1994, 108 Stat. 2029, provided that: ‘‘(a) IN GENERAL.—Subject to subsection (b) and not- withstanding any other provision of law, the Attorney General, in the discretion of the Attorney General, may accept, hold, administer, and utilize gifts of property and services (which may not include cash assistance) from State and local governments for the purpose of as- sisting the Immigration and Naturalization Service in the transportation of deportable aliens who are ar- rested for misdemeanor or felony crimes under State or Federal law and who are either unlawfully within the United States or willing to submit to voluntary depar- ture under safeguards. Any property acquired pursuant to this section shall be acquired in the name of the United States. ‘‘(b) LIMITATION.—The Attorney General shall termi- nate or rescind the exercise of the authority under sub- section (a) if the Attorney General determines that the exercise of such authority has resulted in discrimina- tion by law enforcement officials on the basis of race, color, or national origin.’’ § 1252a. Transferred Editorial Notes CODIFICATION Section 1252a, act June 27, 1952, ch. 477, title II, ch. 5, § 242A, as added Nov. 18, 1988, Pub. L. 100–690, title VII, § 7347(a), 102 Stat. 4471, as amended, which related to ex- pedited removal of aliens convicted of committing ag- gravated felonies, was renumbered section 238 of ch. 4 of title II of act June 27, 1952, by Pub. L. 104–208, div. C, title III, § 308(b)(5), Sept. 30, 1996, 110 Stat. 3009–615, and was transferred to section 1228 of this title. § 1252b. Repealed. Pub. L. 104–208, div. C, title III, § 308(b)(6), Sept. 30, 1996, 110 Stat. 3009–615 Section, act June 27, 1952, ch. 477, title II, ch. 5, § 242B, as added Nov. 29, 1990, Pub. L. 101–649, title V, § 545(a), 104 Stat. 5061; amended Dec. 12, 1991, Pub. L. 102–232, title III, § 306(c)(6), 105 Stat. 1753; Oct. 25, 1994, Pub. L. 103–416, title II, § 219(i), 108 Stat. 4317; Sept. 30, 1996, Pub. L. 104–208, div. C, title III, § 371(b)(7), 110 Stat. 3009–645, related to deportation procedures. See sections 1229 and 1229a of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as an Effective Date of 1996 Amend- ments note under section 1101 of this title. § 1252c. Authorizing State and local law enforce- ment officials to arrest and detain certain il- legal aliens (a) In general Notwithstanding any other provision of law, to the extent permitted by relevant State and local law, State and local law enforcement offi- cials are authorized to arrest and detain an indi- vidual who— (1) is an alien illegally present in the United States; and (2) has previously been convicted of a felony in the United States and deported or left the United States after such conviction, but only after the State or local law enforce- ment officials obtain appropriate confirmation from the Immigration and Naturalization Serv- ice of the status of such individual and only for such period of time as may be required for the Service to take the individual into Federal cus- tody for purposes of deporting or removing the alien from the United States. (b) Cooperation The Attorney General shall cooperate with the States to assure that information in the control of the Attorney General, including information in the National Crime Information Center, that would assist State and local law enforcement of- ficials in carrying out duties under subsection (a) is made available to such officials. (Pub. L. 104–132, title IV, § 439, Apr. 24, 1996, 110 Stat. 1276.) Editorial Notes CODIFICATION This section was enacted as part of the Antiterrorism and Effective Death Penalty Act of 1996, and not as part of the Immigration and Nationality Act which com- prises this chapter. Statutory Notes and Related Subsidiaries 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. § 1253. Penalties related to removal (a) Penalty for failure to depart (1) In general Any alien against whom a final order of re- moval is outstanding by reason of being a member of any of the classes described in sec- tion 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 time- ly application in good faith for travel or other documents necessary to the alien’s de- parture, (C) connives or conspires, or takes any other action, designed to prevent or hamper or with the purpose of preventing or ham- pering 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 Page 345 TITLE 8—ALIENS AND NATIONALITY § 1253 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 Gov- ernment of the United States to secure pass- ports, 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 discre- tionary relief under the immigration laws. (b) Willful failure to comply with terms of re- lease under supervision An alien who shall willfully fail to comply with regulations or requirements issued pursu- ant to section 1231(a)(3) of this title or know- ingly give false information in response to an in- quiry 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 stow- away as required under section 1231(d)(2) of this title, the person shall pay to the Com- missioner the sum of $5,000 for each alien stowaway not removed. (C) No compromise The Attorney General may not com- promise 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 clear- ance before a decision on liability is made under paragraph (1) only if a bond approved by the Attorney General or an amount suffi- cient 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 wheth- er the government will accept the alien under this section, the Secretary of State shall order consular officers in that foreign country to dis- continue granting immigrant visas or non- immigrant 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. (June 27, 1952, ch. 477, title II, ch. 5, § 243, 66 Stat. 212; Pub. L. 89–236, § 11(f), Oct. 3, 1965, 79 Stat. 918; Pub. L. 95–549, title I, § 104, Oct. 30, 1978, 92 Stat. 2066; Pub. L. 96–212, title II, § 203(e), Mar. 17, 1980, 94 Stat. 107; Pub. L. 97–116, § 18(i), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 101–649, title V, § 515(a)(2), title VI, § 603(b)(3), Nov. 29, 1990, 104 Stat. 5053, 5085; Pub. L. 104–132, title IV, § 413(a), (f), Apr. 24, 1996, 110 Stat. 1269; Pub. L. 104–208, div. C, title III, § 307(a), Sept. 30, 1996, 110 Stat. 3009–612.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–208 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (h) relating to countries to which aliens were to be de- ported. Subsec. (h)(2). Pub. L. 104–132, § 413(a), inserted at end ‘‘For purposes of subparagraph (D), an alien who is de- scribed in section 1251(a)(4)(B) of this title shall be con- sidered to be an alien for whom there are reasonable grounds for regarding as a danger to the security of the United States.’’ Subsec. (h)(3). Pub. L. 104–132, § 413(f), added par. (3) which read as follows: ‘‘Notwithstanding any other pro- vision of law, paragraph (1) shall apply to any alien if the Attorney General determines, in the discretion of the Attorney General, that— ‘‘(A) such alien’s life or freedom would be threat- ened, in the country to which such alien would be de- ported or returned, on account of race, religion, na- tionality, membership in a particular social group, or political opinion; and ‘‘(B) the application of paragraph (1) to such alien is necessary to ensure compliance with the 1967 United Nations Protocol Relating to the Status of Refugees.’’ 1990—Subsec. (h)(1). Pub. L. 101–649, § 603(b)(3), sub- stituted ‘‘1251(a)(4)(D)’’ for ‘‘1251(a)(19)’’. Subsec. (h)(2). Pub. L. 101–649, § 515(a)(2), inserted sen- tence at end relating to aliens who have been convicted of aggravated felonies. 1981—Subsec. (a). Pub. L. 97–116 inserted a comma after ‘‘subject’’ in fourth sentence. 1980—Subsec. (h). Pub. L. 96–212 substituted provi- sions relating to deportation or return of an alien where the Attorney General determines that the return would threaten the life or freedom of the alien on ac- count of race, religion, nationality, membership in a Page 346 TITLE 8—ALIENS AND NATIONALITY § 1254 particular social group, or political opinion, for provi- sions relating to withholding of deportation for any necessary period of time where the Attorney General decides the alien would be subject to persecution on ac- count of race, religion, or political opinion. 1978—Subsec. (h). Pub. L. 95–549 inserted ‘‘(other than an alien described in section 1251(a) of this title)’’ be- fore ‘‘within the United States’’. 1965—Subsec. (h). Pub. L. 89–236 substituted ‘‘persecu- tion on account of race, religion, or political opinion’’ for ‘‘physical persecution’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENTS Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. Pub. L. 104–132, title IV, § 413(g), Apr. 24, 1996, 110 Stat. 1269, provided that: ‘‘The amendments made by this section [amending this section and sections 1254, 1255, and 1259 of this title] shall take effect on the date of the enactment of this Act [Apr. 24, 1996] and shall apply to applications filed before, on, or after such date if final action has not been taken on them before such date.’’ EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 515(a)(2) of Pub. L. 101–649 ap- plicable to convictions entered before, on, or after Nov. 29, 1990, and to applications for withholding of deporta- tion made on or after such date, see section 515(b)(2) of Pub. L. 101–649, as amended, set out as a note under sec- tion 1158 of this title. Amendment by section 603(b)(3) of Pub. L. 101–649 not applicable to deportation proceedings for which notice has been provided to the alien before Mar. 1, 1991, see section 602(d) of Pub. L. 101–649, set out as a note under section 1227 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97–116, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–212 effective Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginning Oct. 1, 1979, see section 204 of Pub. L. 96–212, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1965 AMENDMENT For effective date of amendment by Pub. L. 89–236, see section 20 of Pub. L. 89–236, set out as a note under section 1151 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 ref- erence in law to an order of removal is deemed to in- clude a reference to an order of exclusion and deporta- tion 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. SENSE OF CONGRESS RESPECTING TREATMENT OF CUBAN POLITICAL PRISONERS Pub. L. 99–603, title III, § 315(c), Nov. 6, 1986, 100 Stat. 3440, as amended by Pub. L. 104–208, div. C, title III, § 308(g)(7)(C)(i), Sept. 30, 1996, 110 Stat. 3009–623, pro- vided that: ‘‘It is the sense of the Congress that the Secretary of State should provide for the issuance of visas to nationals of Cuba who are or were imprisoned in Cuba for political activities without regard to sec- tion 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)).’’ § 1254. Repealed. Pub. L. 104–208, div. C, title III, § 308(b)(7), Sept. 30, 1996, 110 Stat. 3009–615 Section, acts June 27, 1952, ch. 477, title II, ch. 5, § 244, 66 Stat. 214; Oct. 24, 1962, Pub. L. 87–885, § 4, 76 Stat. 1247; Oct. 3, 1965, Pub. L. 89–236, § 12, 79 Stat. 918; Oct. 20, 1976, Pub. L. 94–571, § 7(f), 90 Stat. 2706; Oct. 30, 1978, Pub. L. 95–549, title I, § 105, 92 Stat. 2066; Mar. 17, 1980, Pub. L. 96–212, title II, § 203(d), 94 Stat. 107; Dec. 29, 1981, Pub. L. 97–116, §§ 9, 18(h)(2), (j), 95 Stat. 1616, 1620; Nov. 6, 1986, Pub. L. 99–603, title III, § 315(b), 100 Stat. 3439; Oct. 24, 1988, Pub. L. 100–525, § 2(q)(1), 102 Stat. 2613; Nov. 18, 1988, Pub. L. 100–690, title VII, § 7343(b), 102 Stat. 4470; Nov. 29, 1990, Pub. L. 101–649, title I, § 162(e)(2), title VI, § 603(b)(3), (4), 104 Stat. 5011, 5085; Dec. 12, 1991, Pub. L. 102–232, title III, § 307(m)(1), 105 Stat. 1757; Sept. 13, 1994, Pub. L. 103–322, title IV, § 40703, 108 Stat. 1955; Apr. 24, 1996, Pub. L. 104–132, title IV, § 413(b), (c), 110 Stat. 1269, related to suspension of deportation. See sections 1229b and 1229c of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as an Effective Date of 1996 Amend- ments note under section 1101 of this title. § 1254a. Temporary protected status (a) Granting of status (1) In general In the case of an alien who is a national of a foreign state designated under subsection (b) (or in the case of an alien having no nation- ality, is a person who last habitually resided in such designated state) and who meets the requirements of subsection (c), the Attorney General, in accordance with this section— (A) may grant the alien temporary pro- tected status in the United States and shall not remove the alien from the United States during the period in which such status is in effect, and (B) shall authorize the alien to engage in employment in the United States and pro- vide the alien with an ‘‘employment author- ized’’ endorsement or other appropriate work permit. (2) Duration of work authorization Work authorization provided under this sec- tion shall be effective throughout the period the alien is in temporary protected status under this section. (3) Notice (A) Upon the granting of temporary pro- tected status under this section, the Attorney General shall provide the alien with informa- tion concerning such status under this section. (B) If, at the time of initiation of a removal proceeding against an alien, the foreign state (of which the alien is a national) is designated under subsection (b), the Attorney General