Pursuant to 18 U.S.C. § 3013, the court shall impose a special assessment on any person convicted of an offense against the United States. The imposition of special assessments under this section is mandatory and without regard to the defendant’s ability to pay. Assessments are at times imposed against indigent defendants, including undocumented aliens who are about to be deported. In such cases, where there is no likelihood that the assessment will be paid, the Assistant United States Attorney who is present at sentencing should move for remission of the special assessments pursuant to 18 U.S.C. § 3573 at the time of sentencing. The absence of assets can be evidenced by the need for court appointed counsel or based on information from the border patrol in the case of an undocumented alien.

[added May 2018]