I 

118TH CONGRESS 

1ST SESSION H. R. 777 

To amend the Immigration and Nationality Act to penalize aliens who 

overstay their visas, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2023 

Mr. DUNCAN (for himself, Mrs. HARSHBARGER, Mr. NORMAN, Mrs. LESKO, 

Mrs. MILLER of Illinois, Mr. GOSAR, Mr. MOORE of Alabama, Mr. 

POSEY, Mr. ZINKE, and Mr. CARTER of Georgia) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to penalize 

aliens who overstay their visas, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Visa Overstay Enforce5 ment Act of 2023’’. 

6 SEC. 2. VISA OVERSTAYS CRIMINALIZED. 

7 (a) IN GENERAL.—The Immigration and Nationality 

8 Act is amended by inserting after section 274D the fol9 lowing: 


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1 ‘‘SEC. 274E. VISA OVERSTAYS. 

2 ‘‘(a) IN GENERAL.—Except as provided in subsection 

3 (b), any alien who remains in the United States for any 

4 period of time after the date on which any visa or status 

5 under which the alien is lawfully present has expired 

6 shall— 

7 ‘‘(1) for the first commission of any such of8 fense, be fined under title 18, United States Code, 

9 or imprisoned no more than 6 months, or both; and 

10 ‘‘(2) for a subsequent commission of any such 

11 offense, be fined under title 18, United States Code, 

12 or imprisoned not more than 2 years, or both. 

13 ‘‘(b) EXCEPTION.—If the Secretary of Homeland Se14 curity determines on an individual case-by-case basis that, 

15 because of reasons of a medical necessity, public safety, 

16 or national security, the alien violated subsection (a), the 

17 alien shall not be subject to the penalties under subsection 

18 (a). 

19 ‘‘(c) LIMITATION ON REENTRY.— 

20 ‘‘(1) FIRST OFFENDERS.—Any alien convicted 

21 of a violation of subsection (a)(1)— 

22 ‘‘(A) may not be admitted to the United 

23 States for a period of 5 years, beginning on the 

24 date of the conviction; and 


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1 ‘‘(B) may not be granted a visa for a pe2 riod of 10 years, beginning on the date of the 

3 conviction. 

4 ‘‘(2) SUBSEQUENT OFFENSES.—Any alien con5 victed of a violation of subsection (a)(2)— 

6 ‘‘(A) may not be admitted to the United 

7 States; and 

8 ‘‘(B) may not be granted a visa. 

9 ‘‘(d) DISCLOSURE OF PENALTIES.—In the case of 

10 any application or petition by or on behalf of an alien for 

11 admission to the United States, the Secretary of State or 

12 the Secretary of Homeland Security shall provide the alien 

13 with notice of the penalties under this section and section 

14 275 on receipt of the application or petition, and again 

15 at the time of admission.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 of the Immigration and Nationality Act is amended by in18 serting after the item relating to section 274D the fol19 lowing: 

‘‘274E. Visa overstays.’’. 

Æ 


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