[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3218 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 3218

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 1, 2003

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

_______________________________________________________________________

                                 A BILL


 
 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,''.
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