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1915

Willful Failure or Refusal to Depart

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) amended 8 U.S.C. § 1253 to make it a criminal offense for an alien to willfully fail or refuse to depart from the United States within 90 days of a final administrative or judicial order of removal. It is also an offense to willfully fail to make timely, good faith application for travel documents necessary for departure, to take action designed to prevent such alien's departure, or to willfully fail or refuse to appear for removal. The basic penalty provision is a fine under title 18, United States Code, imprisonment for up to 4 years, or both. Enhanced penalties are applicable to aliens deportable based on criminal convictions or security related grounds.

[cited in USAM 9-73.200]