(a) A person who is an alien commits an offense if:
(1) the person has been charged with or convicted of an offense under this chapter;
(2) a magistrate or judge, as applicable, has issued an order under Article 5B.002, Code of Criminal Procedure, for the person to return to the foreign nation from which the person entered or attempted to enter; and
(3) the person refuses to comply with the order.
(b) An offense under this section is a felony of the second degree.