§ 1253. Penalties related to removal
(a)
Penalty for failure to depart
(1)
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—
(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 timely application in good faith for travel or other documents necessary to the alien’s departure,
(C)
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
(2)
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.
(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—
(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;
(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.
(2)
Clearing vessels and aircraft
(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 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.