Sec. 601. Encouraging aliens to depart voluntarily
1,430 words·~7 min read·
/bill/113/hr/2278/ih/section-601A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c) is amended— in subsection (a)— by amending paragraph
(1)to read as follows: If an alien is not described in paragraph (2)(A)(iii) or
(4)of section 237(a), the Secretary of Homeland Security may permit the alien to voluntarily depart the United States at the alien’s own expense under this subsection instead of being subject to proceedings under section 240. ; by striking paragraph (3); by redesignating paragraph
(2)as paragraph (3); by adding after paragraph
(1)the following: If an alien is not described in paragraph (2)(A)(iii) or
(4)of section 237(a), the Attorney General may permit the alien to voluntarily depart the United States at the alien’s own expense under this subsection after the initiation of removal proceedings under section 240 and before the conclusion of such proceedings before an immigration judge. ; in paragraph (3), as redesignated— by amending subparagraph
(A)to read as follows: Subject to subparagraph (C), permission to voluntarily depart under paragraph
(1)shall not be valid for any period in excess of 120 days. The Secretary may require an alien permitted to voluntarily depart under paragraph
(1)to post a voluntary departure bond, to be surrendered upon proof that the alien has departed the United States within the time specified. ; by redesignating subparagraphs (B), (C), and
(D)as paragraphs (C), (D), and (E), respectively; by adding after subparagraph
(A)the following: Permission to voluntarily depart under paragraph
(2)shall not be valid for any period in excess of 60 days, and may be granted only after a finding that the alien has the means to depart the United States and intends to do so. An alien permitted to voluntarily depart under paragraph
(2)shall post a voluntary departure bond, in an amount necessary to ensure that the alien will depart, to be surrendered upon proof that the alien has departed the United States within the time specified. An immigration judge may waive the requirement to post a voluntary departure bond in individual cases upon a finding that the alien has presented compelling evidence that the posting of a bond will pose a serious financial hardship and the alien has presented credible evidence that such a bond is unnecessary to guarantee timely departure. ; in subparagraph (C), as redesignated, by striking subparagraphs
(C)and(D)(ii) and inserting subparagraphs
(D)and (E)(ii) ; in subparagraph (D), as redesignated, by striking subparagraph
(B)each place that term appears and inserting subparagraph
(C); and in subparagraph (E), as redesignated, by striking subparagraph
(B)each place that term appears and inserting subparagraph
(C); and in paragraph (4), by striking paragraph
(1)and inserting paragraphs
(1)and
(2); in subsection (b)(2), by striking a period exceeding 60 days and inserting any period in excess of 45 days ; by amending subsection
(c)to read as follows: Voluntary departure may only be granted as part of an affirmative agreement by the alien. A voluntary departure agreement under subsection
(b)shall include a waiver of the right to any further motion, appeal, application, petition, or petition for review relating to removal or relief or protection from removal. In connection with the alien’s agreement to depart voluntarily under paragraph (1), the Secretary of Homeland Security may agree to a reduction in the period of inadmissibility under subparagraph
(A)or (B)(i) of section 212(a)(9). Agreements relating to voluntary departure granted during removal proceedings under section 240, or at the conclusion of such proceedings, shall be presented on the record before the immigration judge. The immigration judge shall advise the alien of the consequences of a voluntary departure agreement before accepting such agreement. If an alien agrees to voluntary departure under this section and fails to depart the United States within the time allowed for voluntary departure or fails to comply with any other terms of the agreement (including failure to timely post any required bond), the alien is— ineligible for the benefits of the agreement; subject to the penalties described in subsection (d); and subject to an alternate order of removal if voluntary departure was granted under subsection (a)(2) or (b). If, after agreeing to voluntary departure, the alien files a timely appeal of the immigration judge’s decision granting voluntary departure, the alien may pursue the appeal instead of the voluntary departure agreement. Such appeal operates to void the alien’s voluntary departure agreement and the consequences of such agreement, but precludes the alien from another grant of voluntary departure while the alien remains in the United States. Except as expressly agreed to by the Secretary in writing in the exercise of the Secretary’s discretion before the expiration of the period allowed for voluntary departure, no motion, appeal, application, petition, or petition for review shall affect, reinstate, enjoin, delay, stay, or toll the alien’s obligation to depart from the United States during the period agreed to by the alien and the Secretary. ; by amending subsection
(d)to read as follows: If an alien is permitted to voluntarily depart under this section and fails to voluntarily depart from the United States within the time period specified or otherwise violates the terms of a voluntary departure agreement, the alien will be subject to the following penalties: The alien shall be liable for a civil penalty of $3,000. The order allowing voluntary departure shall specify the amount of the penalty, which shall be acknowledged by the alien on the record. If the Secretary thereafter establishes that the alien failed to depart voluntarily within the time allowed, no further procedure will be necessary to establish the amount of the penalty, and the Secretary may collect the civil penalty at any time thereafter and by whatever means provided by law. An alien will be ineligible for any benefits under this chapter until this civil penalty is paid. The alien shall be ineligible during the time the alien remains in the United States and for a period of 10 years after the alien’s departure for any further relief under this section and sections 240A, 245, 248, and 249. The order permitting the alien to depart voluntarily shall inform the alien of the penalties under this subsection. The alien shall be ineligible to reopen the final order of removal that took effect upon the alien’s failure to depart, or upon the alien’s other violations of the conditions for voluntary departure, during the period described in paragraph (2). This paragraph does not preclude a motion to reopen to seek withholding of removal under section 241(b)(3) or protection against torture, if the motion— presents material evidence of changed country conditions arising after the date of the order granting voluntary departure in the country to which the alien would be removed; and makes a sufficient showing to the satisfaction of the Attorney General that the alien is otherwise eligible for such protection. ; by amending subsection
(e)to read as follows: An alien shall not be permitted to voluntarily depart under this section if the Secretary of Homeland Security or the Attorney General previously permitted the alien to depart voluntarily. The Secretary may promulgate regulations to limit eligibility or impose additional conditions for voluntary departure under subsection (a)(1) for any class of aliens. The Secretary or Attorney General may by regulation limit eligibility or impose additional conditions for voluntary departure under subsections (a)(2) or
(b)of this section for any class or classes of aliens. ; and in subsection (f), by adding at the end the following: Notwithstanding section 242(a)(2)(D) of this Act, sections 1361, 1651, and 2241 of title 28, United States Code, any other habeas corpus provision, and any other provision of law (statutory or nonstatutory), no court shall have jurisdiction to affect, reinstate, enjoin, delay, stay, or toll the period allowed for voluntary departure under this section. . The Secretary shall within one year of the date of enactment of this Act promulgate regulations to provide for the imposition and collection of penalties for failure to depart under section 240B(d) of the Immigration and Nationality Act ( 8 U.S.C. 1229c(d) ). Except as provided in paragraph (2), the amendments made by this section shall apply with respect to all orders granting voluntary departure under section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c) made on or after the date that is 180 days after the enactment of this Act. The amendment made by subsection (a)(6) shall take effect on the date of the enactment of this Act and shall apply with respect to any petition for review which is filed on or after such date.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 601
Encouraging aliens to depart voluntarily
Cites 1Cited by 0 across 0 sources