; 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 forfeiture (A) In general In the case of a nonimmigrant who has paid a bond or cash payment under paragraph (1) who fails to depart the United States before midnight (Pacific Time) on the date on which his or her authorized period of stay expires, such bond or cash payment shall be forfeited without the opportunity 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 Immigration Detention and Enforcement Account , and the amounts deposited into such account 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