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Title 8, Aliens and NationalityRelease 119-110

§1324d Civil Penalties for Failure to Depart

Title 8 › CHAPTER 12 — IMMIGRATION AND NATIONALITY › SUBCHAPTER II — IMMIGRATION › Part VIII — General Penalty Provisions › § 1324d

Last updated Sep 22, 2026|Official source

Summary

A noncitizen with a final order to leave the United States must pay up to $500 for each day they intentionally fail to follow that order. That includes failing to leave, not applying in good faith and on time for travel or other papers needed to go, failing to show up for removal when required, or taking steps to block or delay the departure. It does not reduce other penalties the person might face under section 1253(a) or other parts of the immigration laws.

Full Legal Text

Title 8, §1324d

Aliens and Nationality, Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This 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 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 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.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1324d

Title 8, Aliens and Nationality

Last Updated

Sep 22, 2026

Release point: 119-110