If an Immigration Judge grants a voluntary departure and the alien violates it, what occurs?

• A. A new hearing will be scheduled
• B. The alternate order of removal will start immediately
• C. There is no consequence
• D. The alien must wait another year for reapplication

Answer: (B)

When an Immigration Judge grants voluntary departure to an alien, this allows the individual to leave the United States on their own accord, rather than undergoing formal removal proceedings. However, if the alien violates the terms of this voluntary departure—such as failing to leave by the specified deadline—the consequences can be significant.

In this scenario, the alternate order of removal becomes applicable. This means that instead of simply allowing the alien to leave voluntarily, the circumstances shift to a mandatory removal process. Essentially, the violation triggers the enforcement of the removal order that was standing in the background during the voluntary departure. This process can lead to more severe legal repercussions, including potential bars to reentry into the U.S. for a certain period.

Thus, when an alien does not comply with the voluntary departure, the immediate transition to the alternate order of removal reflects the U.S. government's strict immigration enforcement policies and the seriousness of adhering to judicial orders.