under subparagraph (A), (C), (G), (P)(i), 
(T), or (U) of section 101(a)(15) of the 
Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)); or 
(ii) is a national of a program country 
for purposes of the visa waiver program 
under section 217 of the Immigration and 
Nationality Act (8 U.S.C. 1187). 
(2) AUTOMATIC
AND
NONAPPEALABLE
FOR-
FEITURE.— 
(A) IN GENERAL.—In the case of a non-
immigrant who has paid a bond or cash pay-
ment under paragraph (1) who fails to depart 
the United States before midnight (Pacific 
Time) on the date on which his or her author-
ized period of stay expires, such bond or cash 
payment shall be forfeited without the oppor-
tunity for appeal or review. 
(B) OFFSETTING
ACCOUNT.—A forfeited 
bond or cash payment under this paragraph 
shall be deposited in an offsetting account 
under the jurisdiction of the Secretary of 
Homeland Security, to be known as the ‘‘Immi-
gration Detention and Enforcement Account’’, 
and the amounts deposited into such account 
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shall be used solely for purposes of funding 
alien detention facilities and international 
transportation for aliens ordered removed from 
the United States. 
(3) REMOVAL AND IMMIGRATION PENALTY.— 
An alien whose bond or cash payment is forfeited 
under paragraph (2) shall be— 
(A) promptly removed from the United 
States; and 
(B) for a period not less than 4 years and 
not more than 12 years beginning on the date 
of such forfeiture, ineligible for any lawful im-
migration status or adjustment of status under 
the immigration laws. 
(c) LIMITATION ON ASYLUM AND WITHHOLDING OF 
REMOVAL CLAIMS.— 
(1) IN
GENERAL.—An alien present in the 
United States pursuant to admission as a non-
immigrant who intends to seek asylum or with-
holding of removal in the United States shall submit 
an application for asylum or withholding of removal 
before midnight (Pacific Time) on the date on which 
his or her authorized period of stay in connection 
with nonimmigrant status expires. 
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(2) CONSEQUENCE OF FAILURE TO TIMELY DE-
PART.—An alien described in paragraph (1) who 
fails to depart the United States before midnight 
(Pacific Time) on the date on which his or her au-
thorized period of stay expires and who has not sub-
mitted an application for asylum or withholding of 
removal shall be ineligible to submit such an applica-
tion after such date. 
(d) REGULATIONS.— 
(1) IN
GENERAL.—In implementing this sec-
tion, the Secretary of Homeland Security may only 
issue regulations or policy guidance with respect 
to— 
(A) the collection and retention of bonds 
and cash payments; 
(B) the notification of the Attorney Gen-
eral with respect to the failure of an alien to 
timely depart the United States before midnight 
(Pacific Time) on the date on which his or her 
authorized period of stay in connection with 
nonimmigrant status expires; and 
(C) the prevention of the circumvention of 
the requirement to pay a bond or cash payment 
under subsection (b)(1). 
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(2) PROHIBITION.—The Secretary of Homeland 
Security shall not waive or nullify any requirement 
of this section, whether by rulemaking, order, or 
other action. 
(e) EFFECTIVE DATE.—This section shall take effect 
on the date that is 30 days after the date of the enactment 
of this Act. 
Æ 
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