To amend the Immigration and Nationality Act to clarify that willful failure to depart from the United States by an alien against whom a final order of removal is outstanding is a continuing criminal offense, and for other purposes.

October 1, 2003

Mr. FLAKE introduced the following bill; which was referred to the Committee on the Judiciary

To amend the Immigration and Nationality Act to clarify that willful failure to depart from the United States by an alien against whom a final order of removal is outstanding is a continuing criminal offense, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Failure to Depart Act'.

SEC. 2. PENALTIES RELATED TO REMOVAL.

Section 243 of the Immigration and Nationality Act (8 U.S.C. 1253) is amended--

(1) in subsection (a)--

(A) by amending paragraph (1)(A) to read as follows:

`(A) will fully remain in the United States on or after the date that is 90 days after the date of the final order of removal under administrative processes, or if judicial review is had, 90 days after the date of the final order of the court,'; and

(B) by striking paragraph (3); and

(2) in subsection (b), by striking `not more than $1,000' and inserting `under title 18, United States Code,'.

END