II 

118TH CONGRESS 

1ST SESSION S. 2656 

To require aliens seeking admission to the United States as nonimmigrants 

to pay a bond or cash payment and to impose penalties on such aliens 

who fail to timely depart the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2023 

Mr. VANCE introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To require aliens seeking admission to the United States 

as nonimmigrants to pay a bond or cash payment and 

to impose penalties on such aliens who fail to timely 

depart the United States, 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 ‘‘Timely Departure 

5 Act’’. 

6 SEC. 2. VISA OVERSTAY BONDS AND PENALTIES. 

7 (a) DEFINITIONS.—In this Act: 


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1 (1) IN GENERAL.—A term used in this section 

2 that is used in the immigration laws shall have the 

3 meaning given such term in the immigration laws. 

4 (2) IMMIGRATION LAWS.—The term ‘‘immigra5 tion laws’’ has the meaning given such term under 

6 section 101(a) of the Immigration and Nationality 

7 Act (8 U.S.C. 1101(a)). 

8 (b) NONIMMIGRANT BONDS.— 

9 (1) ADMISSION CONTINGENT ON POSTING OF

10 BOND.— 

11 (A) IN GENERAL.—Except as provided in 

12 subparagraph (B), an alien seeking admission 

13 to the United States as a nonimmigrant shall 

14 pay a bond or cash payment in an amount not 

15 less than $5,000 and not more than $15,000 to 

16 help ensure that the alien departs the United 

17 States before the date on which his or her pe18 riod of stay authorized by the Secretary of 

19 Homeland Security in connection with such sta20 tus expires. 

21 (B) NONAPPLICABILITY TO CERTAIN

22 ALIENS.—Subparagraph (A) shall not apply to 

23 any alien who— 

24 (i) is present in the United States 

25 pursuant to a nonimmigrant visa issued 


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1 under subparagraph (A), (C), (G), (P)(i), 

2 (T), or (U) of section 101(a)(15) of the 

3 Immigration and Nationality Act (8 U.S.C. 

4 1101(a)(15)); or 

5 (ii) is a national of a program country 

6 for purposes of the visa waiver program 

7 under section 217 of the Immigration and 

8 Nationality Act (8 U.S.C. 1187). 

9 (2) AUTOMATIC AND NONAPPEALABLE FOR10 FEITURE.— 

11 (A) IN GENERAL.—In the case of a non12 immigrant who has paid a bond or cash pay13 ment under paragraph (1) who fails to depart 

14 the United States before midnight (Pacific 

15 Time) on the date on which his or her author16 ized period of stay expires, such bond or cash 

17 payment shall be forfeited without the oppor18 tunity for appeal or review. 

19 (B) OFFSETTING ACCOUNT.—A forfeited 

20 bond or cash payment under this paragraph 

21 shall be deposited in an offsetting account 

22 under the jurisdiction of the Secretary of 

23 Homeland Security, to be known as the ‘‘Immi24 gration Detention and Enforcement Account’’, 

25 and the amounts deposited into such account 


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1 shall be used solely for purposes of funding 

2 alien detention facilities and international 

3 transportation for aliens ordered removed from 

4 the United States. 

5 (3) REMOVAL AND IMMIGRATION PENALTY.— 

6 An alien whose bond or cash payment is forfeited 

7 under paragraph (2) shall be— 

8 (A) promptly removed from the United 

9 States; and 

10 (B) for a period not less than 4 years and 

11 not more than 12 years beginning on the date 

12 of such forfeiture, ineligible for any lawful im13 migration status or adjustment of status under 

14 the immigration laws. 

15 (c) LIMITATION ON ASYLUM AND WITHHOLDING OF

16 REMOVAL CLAIMS.— 

17 (1) IN GENERAL.—An alien present in the 

18 United States pursuant to admission as a non19 immigrant who intends to seek asylum or with20 holding of removal in the United States shall submit 

21 an application for asylum or withholding of removal 

22 before midnight (Pacific Time) on the date on which 

23 his or her authorized period of stay in connection 

24 with nonimmigrant status expires. 


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1 (2) CONSEQUENCE OF FAILURE TO TIMELY DE2 PART.—An alien described in paragraph (1) who 

3 fails to depart the United States before midnight 

4 (Pacific Time) on the date on which his or her au5 thorized period of stay expires and who has not sub6 mitted an application for asylum or withholding of 

7 removal shall be ineligible to submit such an applica8 tion after such date. 

9 (d) REGULATIONS.— 

10 (1) IN GENERAL.—In implementing this sec11 tion, the Secretary of Homeland Security may only 

12 issue regulations or policy guidance with respect 

13 to— 

14 (A) the collection and retention of bonds 

15 and cash payments; 

16 (B) the notification of the Attorney Gen17 eral with respect to the failure of an alien to 

18 timely depart the United States before midnight 

19 (Pacific Time) on the date on which his or her 

20 authorized period of stay in connection with 

21 nonimmigrant status expires; and 

22 (C) the prevention of the circumvention of 

23 the requirement to pay a bond or cash payment 

24 under subsection (b)(1). 


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1 (2) PROHIBITION.—The Secretary of Homeland 

2 Security shall not waive or nullify any requirement 

3 of this section, whether by rulemaking, order, or 

4 other action. 

5 (e) EFFECTIVE DATE.—This section shall take effect 

6 on the date that is 30 days after the date of the enactment 

7 of this Act. 

Æ 


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