Title 8 — Aliens and Nationality
Part V · Chapter 12 — Immigration and Nationality
§ 1253. Penalties related to removal
Statutory text
Penalty for failure to depart
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—
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,
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.
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.
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—
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.
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.
Penalties relating to vessels and aircraft
Civil penalties
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.
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.
No compromise
The Attorney General may not compromise the amount of such penalty under this paragraph.
Clearing vessels and aircraft
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.
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.
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.
Enforcement by attorney general of a State
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 82–477 · 66 Stat. 609
Enacted · 8 U.S.C. § 1253
June 27, 1952, ch. 477, title II, ch. 5, § 243, 66 Stat. 212
Source evidence
Code source credit
June 27, 1952, ch. 477, title II, ch. 5, § 243, 66 Stat. 212Pub. L. 89–236 § 11(f) · 79 Stat. 911
Substituted · 8 U.S.C. § 1253(h)
Pub. L. 89–236 substituted “persecution on account of race, religion, or political opinion” for “physical persecution”
Source evidence
Code amendment note
Subsec. (h). Pub. L. 89–236 substituted “persecution on account of race, religion, or political opinion” for “physical persecution”.Enacted provision · exact public law section
(f) Section 243(h) is amended by striking out “physical persecution” and inserting in lieu thereof “persecution on account of race, religion, or political opinion”.Pub. L. 95–549 title I § 104 · 92 Stat. 2065
Inserted · 8 U.S.C. § 1253(h)
Pub. L. 95–549 inserted “(other than an alien described in section 1251(a) of this title)” before “within the United States”
Source evidence
Code amendment note
Subsec. (h). Pub. L. 95–549 inserted “(other than an alien described in section 1251(a) of this title)” before “within the United States”.Enacted provision · exact public law section
Sec. 104. Section 243(h) of the Immigration and Nationality Act (8 U.S.C. 1253(h)), relating to withholding of deportation, is amended by inserting “(other than an alien described in section 241(a) (19))” after “The Attorney General is authorized to withhold deportation of any alien”.Refugee Act of 1980
Pub. L. 96–212 title II § 203(e) · 94 Stat. 102
Substituted · 8 U.S.C. § 1253(h)
Pub. L. 96–212 substituted provisions 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 account of race, religion, nationality, membership in a particular social group, or political opinion, for provisions relating to withholding of deportation for any necessary period of time where the Attorney General decides the alien would be subject to persecution on account of race, religion, or political opinion
Source evidence
Code amendment note
Subsec. (h). Pub. L. 96–212 substituted provisions 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 account of race, religion, nationality, membership in a particular social group, or political opinion, for provisions relating to withholding of deportation for any necessary period of time where the Attorney General decides the alien would be subject to persecution on account of race, religion, or political opinion.Enacted provision · exact public law section
(e) Subsection (h) of section 243 of such Act (8 U.S.C. 1253) is amended to read as follows: “(h) (1) The Attorney General shall not deport or return any alien Deportation. 8 USC 1251. (other than an alien described in section 241(a)(19)) to a country if the Attorney General determines that such alien’s life or freedom would be threatened in such country on account of race, religion, nationality, membership in a particular social group, or political opinion. “(2) Paragraph (1) shall not apply to any alien if the Attorney General determines that— “(A) the alien ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; “(B) the alien, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States; “(C) there are serious reasons for considering that the alien has committed a serious nonpolitical crime outside the United States prior to the arrival of the alien in the United States; or “(D) there are reasonable grounds for regarding the alien as a danger to the security of the United States.”.Immigration and Nationality Act Amendments of 1981
Pub. L. 97–116 § 18(i) · 95 Stat. 1611
Inserted · 8 U.S.C. § 1253(a)
Pub. L. 97–116 inserted a comma after “subject” in fourth sentence
Source evidence
Code amendment note
Subsec. (a). Pub. L. 97–116 inserted a comma after “subject” in fourth sentence.Enacted provision · exact public law section
(i) The fourth sentence of section 243(a) (8 U.S.C. 1253(a)) is amended by inserting a comma after “subject”.Immigration Act of 1990
Pub. L. 101–649 § 603(b)(3) · 104 Stat. 4978
Substituted · 8 U.S.C. § 1253(h)(1)
Pub. L. 101–649, § 603(b)(3), substituted “1251(a)(4)(D)” for “1251(a)(19)”
Source evidence
Code amendment note
Subsec. (h)(1). Pub. L. 101–649, § 603(b)(3), substituted “1251(a)(4)(D)” for “1251(a)(19)”.Enacted provision · exact public law section
(3) Sections 243(h)(1) and 244(a) (8 U.S.C. 1253(h)(1), 1254(a)) are each amended by striking “241(a)(19)” and inserting “241(a)(4)(D)”.Immigration Act of 1990
Pub. L. 101–649 § 515(a)(2) · 104 Stat. 4978
Inserted · 8 U.S.C. § 1253(h)(2)
Pub. L. 101–649, § 515(a)(2), inserted sentence at end relating to aliens who have been convicted of aggravated felonies
Source evidence
Code amendment note
Subsec. (h)(2). Pub. L. 101–649, § 515(a)(2), inserted sentence at end relating to aliens who have been convicted of aggravated felonies.Enacted provision · exact public law section
(2) Section 243(h)(2) (8 U.S.C. 1253(h)(2)) is amended by adding at the end the following: “For purposes of subparagraph (B), an alien who has been convicted of an aggravated felony shall be considered to have committed a particularly serious crime.”.Pub. L. 104–132 § 413(a) · 110 Stat. 1214
Inserted · 8 U.S.C. § 1253(h)(2)
Pub. L. 104–132, § 413(a), inserted at end “For purposes of subparagraph (D), an alien who is described in section 1251(a)(4)(B) of this title shall be considered to be an alien for whom there are reasonable grounds for regarding as a danger to the security of the United States.”
Source evidence
Code amendment note
Subsec. (h)(2). Pub. L. 104–132, § 413(a), inserted at end “For purposes of subparagraph (D), an alien who is described in section 1251(a)(4)(B) of this title shall be considered to be an alien for whom there are reasonable grounds for regarding as a danger to the security of the United States.”Enacted provision · exact public law section
(a) Withholding of Deportation.— Section 243(h)(2) of the Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) is amended by adding at the end the following new sentence: “For purposes of subparagraph (D), an alien who is described in section 241(a)(4)(B) shall be considered to be an alien for whom there are reasonable grounds for regarding as a danger to the security of the United States.”Effective date note
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.”Pub. L. 104–132 § 413(f) · 110 Stat. 1214
Added · 8 U.S.C. § 1253(h)(3)
Pub. L. 104–132, § 413(f), added par. (3) which read as follows: “Notwithstanding any other provision of law, paragraph (1) shall apply to any alien if the Attorney General determines, in the discretion of the Attorney General, that—
Source evidence
Code amendment note
Subsec. (h)(3). Pub. L. 104–132, § 413(f), added par. (3) which read as follows: “Notwithstanding any other provision 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 threatened, in the country to which such alien would be deported or returned, on account of race, religion, nationality, 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.”
Enacted provision · exact public law section
(f) Waiver.— Section 243(h) of such Act (8 U.S.C. 1253(h)) is amended by adding at the end the following: “(3) Notwithstanding any other provision 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 threatened, in the country to which such alien would be deported or returned, on account of race, religion, nationality, 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.”.Effective date note
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.”Department of Education Appropriations Act, 1997
Pub. L. 104–208 div. C title III § 307(a) · 110 Stat. 3009
Amended · 8 U.S.C. § 1253
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 deported
Source evidence
Code amendment note
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 deported.Enacted provision · exact public law section
Sec. 307. The United States courthouse at 310 West Sixth Street in Medford, Oregon, shall be known and designated as the “James A. Redden Federal Courthouse”. Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse at 310 West Sixth Street in Medford, Oregon, shall be deemed to be a reference to the “James A. Redden Federal Courthouse”. This title may be cited as “The Judiciary Appropriations Act, 1997”.Effective date note
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.”Pub. L. 119–1 § 3(c) · 139 Stat. 4
Added · 8 U.S.C. § 1253(e)
Pub. L. 119–1 added subsec. (e)
Unresolved: Pub. L. 119–1 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (e). Pub. L. 119–1 added subsec. (e).
9 of 11 references resolved to an enrolled provision · 1 partial · 1 unresolved
Editorial Notes
Amendments1965–2025 · 7 rounds
2025
Subsec. (e). Pub. L. 119–1 added subsec. (e).
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 deported.
Subsec. (h)(2). Pub. L. 104–132, § 413(a), inserted at end “For purposes of subparagraph (D), an alien who is described in section 1251(a)(4)(B) of this title shall be considered 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 provision 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 threatened, in the country to which such alien would be deported or returned, on account of race, religion, nationality, 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), substituted “1251(a)(4)(D)” for “1251(a)(19)”.
Subsec. (h)(2). Pub. L. 101–649, § 515(a)(2), inserted sentence 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 provisions 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 account of race, religion, nationality, membership in a particular social group, or political opinion, for provisions relating to withholding of deportation for any necessary period of time where the Attorney General decides the alien would be subject to persecution on account 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)” before “within the United States”.
1965
Subsec. (h). Pub. L. 89–236 substituted “persecution 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 , 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), , 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 [] 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 applicable to convictions entered before, on, or after , and to applications for withholding of deportation made on or after such date, see section 515(b)(2) of Pub. L. 101–649, as amended, set out as a note under section 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 , 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 , 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 , and applicable to fiscal years beginning with the fiscal year beginning , 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 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.
Sense of Congress Respecting Treatment of Cuban Political Prisoners
Pub. L. 99–603, title III, § 315(c), , 100 Stat. 3440, as amended by Pub. L. 104–208, div. C, title III, § 308(g)(7)(C)(i), , 110 Stat. 3009–623, provided 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 section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)).”
Credits
1952–2025 · 9 acts
- 1952June 27, 1952, ch. 477, title II, ch. 5, § 243, 66 Stat. 212
- 1965Pub. L. 89–236, § 11(f), , 79 Stat. 918
- 1978Pub. L. 95–549, title I, § 104, , 92 Stat. 2066
- 1980Pub. L. 96–212, title II, § 203(e), , 94 Stat. 107
- 1981Pub. L. 97–116, § 18(i), , 95 Stat. 1620
- 1990Pub. L. 101–649, title V, § 515(a)(2), title VI, § 603(b)(3), , 104 Stat. 5053, 5085
- 1996Pub. L. 104–132, title IV, § 413(a), (f), , 110 Stat. 1269
- 1996Pub. L. 104–208, div. C, title III, § 307(a), , 110 Stat. 3009–612
- 2025Pub. L. 119–1, § 3(c), , 139 Stat. 4.
Show as published
(June 27, 1952, ch. 477, title II, ch. 5, § 243, 66 Stat. 212; Pub. L. 89–236, § 11(f), , 79 Stat. 918; Pub. L. 95–549, title I, § 104, , 92 Stat. 2066; Pub. L. 96–212, title II, § 203(e), , 94 Stat. 107; Pub. L. 97–116, § 18(i), , 95 Stat. 1620; Pub. L. 101–649, title V, § 515(a)(2), title VI, § 603(b)(3), , 104 Stat. 5053, 5085; Pub. L. 104–132, title IV, § 413(a), (f), , 110 Stat. 1269; Pub. L. 104–208, div. C, title III, § 307(a), , 110 Stat. 3009–612; Pub. L. 119–1, § 3(c), , 139 Stat. 4.)