I 

113TH CONGRESS 

1ST SESSION H. R. 2631 

To amend the Immigration and Nationality Act to criminalize unlawful 

presence. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 9, 2013 

Mr. BARLETTA introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland 

Security, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Immigration and Nationality Act to 

criminalize unlawful presence. 

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 2013’’. 

6 SEC. 2. UNLAWFUL PRESENCE CRIMINALIZED. 

7 The Immigration and Nationality Act is amended by 

8 inserting after section 274D the following: 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 2631 IH

1 ‘‘SEC. 274E. UNLAWFUL PRESENCE. 

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

3 (b), any alien who is unlawfully present in the United 

4 States for a period of 30 consecutive days shall be pun5 ished— 

6 ‘‘(1) in the case of a first offense, as felony, by 

7 a fine of not more than $10,000 or by imprisonment 

8 for not more than 1 year, or both; and 

9 ‘‘(2) in the case of a subsequent offense, as a 

10 felony, by a fine of not more than $15,000 or by im11 prisonment for not more than 5 years, or both. 

12 ‘‘(b) EXCEPTION.—If the Secretary of Homeland Se13 curity determines that because of illness or any other ex14 tenuating circumstance the alien has been unlawfully 

15 present, the alien shall not be subject to the penalties 

16 under subsection (a). 

17 ‘‘(c) LIMITATION ON REENTRY.— 

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

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

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

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

22 date of the conviction; and 

23 ‘‘(B) may not be granted a visa for a pe24 riod of 10 years, beginning on the date of the 

25 conviction. 


tjames on DSK6SPTVN1PROD with BILLS
3 

•HR 2631 IH

1 ‘‘(2) SUBSEQUENT OFFENSES.—Any alien con2 victed of a violation of subsection (a)(2)— 

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

4 States; and 

5 ‘‘(B) may not be granted a visa.’’. 

6 SEC. 3. BIOMETRIC ENTRY AND EXIT SYSTEM. 

7 (a) IN GENERAL.—Not later than 90 days after the 

8 date of the enactment of this Act, the Secretary of Home9 land Security shall submit to the appropriate congres10 sional committees a plan to implement, immediately, a bio11 metric exit capability using a person’s fingerprints at all 

12 land, sea, and air ports of entry under the US–VISIT pro13 gram, in accordance with the Enhanced Security and Visa 

14 Entry Reform Act of 2002 (Public Law 107–73). 

15 (b) CONTENTS OF PLAN.—The Secretary of Home16 land Security shall include the following requirements 

17 when developing the biometric plan: 

18 (1) Leveraging of all biometric technologies. 

19 (2) Utilization of biometric technologies used by 

20 the United States Government in Iraq and Afghani21 stan. 

22 (3) Establish collaborative relationships with 

23 airports and the airlines. 

24 (4) Allow for reliable reporting of visa overstay 

25 rates. 


tjames on DSK6SPTVN1PROD with BILLS
4 

•HR 2631 IH

1 (5) Coordination of databases across the United 

2 States Government including all databases main3 tained by the Department of Homeland Security, the 

4 Department of Justice, and the Department of 

5 State. 

6 (6) Assessment of operational and funding re7 quirements of Department of Homeland Security 

8 components, specifically U.S. Border Patrol, U.S. 

9 Customs and Border Protection and U.S. Immigra10 tion and Customs Enforcement. 

11 (7) Not later than 30 days after the date of en12 actment of this Act, the Secretary shall establish 

13 plans for establishing a pilot biometric exit project 

14 at a minimum of two land ports of entry at the 

15 U.S.-Canada border and a minimum of four land 

16 ports of entry at the U.S.-Mexico border. 

17 (c) BIOMETRIC ENTRY AND EXIT DATA SYSTEM.— 

18 (1) AIRPORTS.—Not later than 1 year after the 

19 date of enactment of this Act, the Secretary of 

20 Homeland Security shall establish the biometric 

21 entry and exit data system required by section 7208 

22 of the Intelligence Reform and Terrorism Prevention 

23 Act of 2004 (8 U.S.C. 1365b) at each airport that 

24 is a port of entry to the United States. 


tjames on DSK6SPTVN1PROD with BILLS
5 

•HR 2631 IH

1 (2) ALL PORTS OF ENTRY.—Not later than 2 

2 years after the date of enactment of this Act, the 

3 Secretary of Homeland Security shall establish the 

4 biometric entry and exit data system required by 

5 section 7208 of the Intelligence Reform and Ter6 rorism Prevention Act of 2004 (8 U.S.C. 1365b) at 

7 all ports of entry to the United States. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS