Fines for failure to deport

[DrBob2]

Who knew? It seems Bill Clinton signed into law a bill that imposed a fine for aliens who defy a deportation order.

8 USC 1324d: Civil penalties for failure to depart

§1324d. Civil penalties for failure to depart

(a) In general

Any alien subject to a final order of removal who-

(1) willfully fails or refuses to-

(A) depart from the United States pursuant to the order,

(B) make timely application in good faith for travel or other documents necessary for departure, or

(C) present for removal at the time and place required by the Attorney General; or

(2) conspires to or takes any action designed to prevent or hamper the alien’s departure pursuant to the order,

shall pay a civil penalty of not more than $500 to the Commissioner for each day the alien is in violation of this section.

DB2

[buynholdisdead]

@DrBob2

Who knew? It seems Bill Clinton signed into law a bill that imposed a fine for aliens who defy a deportation order.

The phrase most applicable to now is “Signed into law a bill”. There most have been a Congress behind that “bill”.

[steve203]

@DrBob2

shall pay a civil penalty of not more than $500 to the Commissioner for each day the alien is in violation of this section.

I don’t have any problem with that. Isn’t there routinely a penalty for defying a court order?

Steve

[DrBob2]

@steve203

Isn’t there routinely a penalty for defying a court order?

Sounds reasonable, although I’m not a lawyer. If used now it may encourage self-deportation.

DB2

[Goofyhoofy]

@DrBob2

If used now it may encourage self-deportation.

Sure. Because people who have overstayed and broken the law and have little, if any money, are likely to be able to pay the $500/day anyway, or care that they might have to, since they can’t in the first place.

[MarkR]

@Goofyhoofy

Because people who have overstayed and broken the law and have little, if any money, are likely to be able to pay the $500/day anyway

Sure. But there is also a law (or needs to be) that before being granted residency, all fines owed must be shown to have been paid in full. So the people who willfully remain in the country without a valid visa, and then get adjudicated as such, and then have fines assessed, will never be granted residency, much less citizenship, until all those fines are paid in full.

[buynholdisdead]

@MarkR

Sure. But there is also a law (or needs to be) that before being granted residency, all fines owed must be shown to have been paid in full. So the people who willfully remain in the country without a valid visa, and then get adjudicated as such, and then have fines assessed, will never be granted residency, much less citizenship, until all those fines are paid in full.

Why not just say that anyone who breaks the law coming into the country can never be allowed citizenship. Otherwise people that have the means can just keep breaking the laws.