To impose a criminal penalty on an alien who fails voluntarily to depart the United States after securing permission to do so, or who unlawfully returns to the United States after voluntarily departing.

Amends the Immigration and Nationality Act to establish a criminal penalty for an alien permitted to depart voluntarily from the United States who: (1) fails to do so within the time period specified (currently, subject to civil penalty only); or (2) after such departure, illegally reenters, attempts to reenter, or is present in the United States.