§1330 Collection of Penalties and Expenses

Summary

Officials may use more than just holding or placing a lien on a ship or airplane to collect fines, penalties, or expenses under certain immigration rules (see sections 1221, 1224, 1253(c)(2), 1281, 1283, 1284, 1285, 1286, 1321, 1322, and 1323). The Attorney General may also sue in a civil court, in the name of the United States, to recover those amounts from anyone made liable under those sections. The law creates an "Immigration Enforcement Account" in the Treasury general fund. Into that account must go the penalty increases from sections 203(b) and 543(a) of the Immigration Act of 1990 and civil penalties collected under sections 1229c(d), 1324c, 1324d, and 1325(b). Money in the account stays available until spent. The Treasury must refund from the account to any appropriation the amounts that appropriation paid for Attorney General activities that boost enforcement—such as identifying, investigating, arresting, detaining, and removing criminal aliens; keeping a system to identify and track criminal, deportable, inadmissible, and illegally entering aliens; and repairing or building border structures in high-apprehension areas. Refunds must be made at least quarterly using Attorney General estimates, with later adjustments. For fiscal year 1996 and after, refunds follow the Attorney General’s budget estimates, and changes require notice to the House and Senate Appropriations Committees under section 605 of Public Law 104–134. The Attorney General must send Congress an annual financial statement for the Immigration Enforcement Account showing beginning balance, revenues, withdrawals, ending balance, and a projection for the next fiscal year.