Originally Posted by Firebug4

This is not entirely true. The airlines are required to send departure manifests to CBP prior to departure. This for example is how departure for VWP visitors are being recorded since the ESTA came along and the green I-94W's are being phased out. The Port of Entry has the ability to review these manifests before the plane departs. If they encountered a record of someone illegally present in the United States, they could send officers to take that person into custody. There would be no fine. However, they could place the person in removal proceedings. This rarely happens because the port generally does not staffing to spare on someone who is for all intensive purposes is self deporting. That does not preclude in individual from being flagged for secondary inspection and proceedings should that person chose to return.

FB