I 

117TH CONGRESS 

2D SESSION H. R. 6706 

To amend the Immigration and Nationality Act to repeal the diversity visa 

lottery, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2022 

Mr. FALLON (for himself, Mr. DESJARLAIS, Mr. ELLZEY, Mr. BUDD, Mr. 

JACKSON, Mr. POSEY, Mr. HIGGINS of Louisiana, Mr. BISHOP of North 

Carolina, and Mr. GOSAR) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to repeal 

the diversity visa lottery, 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 ‘‘Abolishing the Lottery 

5 and Immigration Enforcement Now Act of 2022’’ or the 

6 ‘‘ALIEN Act of 2022’’. 

7 SEC. 2. REPEAL OF THE DIVERSITY VISA LOTTERY. 

8 Title II of the Immigration and Nationality Act (8 

9 U.S.C. 1151 et seq.) is amended— 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 6706 IH

1 (1) in section 201(a)— 

2 (A) in paragraph (1), by adding ‘‘and’’ at 

3 the end; 

4 (B) in paragraph (2), by striking ‘‘; and’’ 

5 and inserting a period; and 

6 (C) by striking paragraph (3); 

7 (2) in section 203— 

8 (A) by striking subsection (c); and 

9 (B) in subsection (e)— 

10 (i) by striking paragraph (2); and 

11 (ii) by redesignating paragraph (3) as 

12 paragraph (2); and 

13 (3) in section 204(a)(1), by striking subpara14 graph (I). 

15 SEC. 3. PENALTIES FOR OVERSTAYING A VISA. 

16 (a) IN GENERAL.—Chapter 8 of the Immigration and 

17 Nationality Act (8 U.S.C. 1151 et seq.) is amended by 

18 adding at the end the following new section: 

19 ‘‘SEC. 274E. PENALTIES FOR OVERSTAY OF VISA. 

20 ‘‘(a) PROHIBITED CONDUCT.—It is unlawful for any 

21 alien to remain in the United States beyond the date on 

22 which such alien’s visa or lawful status has expired. 

23 ‘‘(b) CRIMINAL PENALTIES.—Any alien who violates 

24 subsection (a) shall be fined under title 18, United States 

25 Code, and imprisoned for not more than 1 year, or both. 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 6706 IH

1 ‘‘(c) CIVIL PENALTIES.— 

2 ‘‘(1) IN GENERAL.—Any alien who violates sub3 section (a) shall pay a civil penalty of not more than 

4 $1000 per day to the Secretary of Homeland Secu5 rity for each day the alien remains in violation of 

6 such subsection. 

7 ‘‘(2) IMMIGRATION MATTERS.— 

8 ‘‘(A) INADMISSIBILITY.—Any alien who 

9 violates subsection (a) shall be— 

10 ‘‘(i) inadmissible to enter the United 

11 States for five years from the date on 

12 which an alien is found to have violated 

13 subsection (a); 

14 ‘‘(ii) ineligible for relief from removal 

15 for 10 years from the date on which an 

16 alien is found to have violated subsection 

17 (a); and 

18 ‘‘(iii) ineligible to apply for legal per19 manent residency for 15 years from the 

20 date on which an alien is found to have 

21 violated subsection (a). 

22 ‘‘(3) TWO STRIKES WITH RESPECT TO OVER23 STAY OF VISA.—Any alien who violates subsection 

24 (a) shall be shall be removed from the United 

25 States. If such alien again enters the United States 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 6706 IH

1 on a visa and is found to violate subsection (a), the 

2 alien shall be removed from the United States and 

3 is permanently inadmissible to the United States. 

4 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec5 tion may be construed to diminish or qualify any other 

6 penalty for which an alien may be subject to for activities 

7 described under section 243(a), section 274D, or under 

8 any other section of this Act.’’. 

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

10 for the Immigration and Nationality Act (8 U.S.C. 1101 

11 note) is amended by adding after the item relating to sec12 tion 274D the following: 

‘‘Sec. 274E. Penalties for overstay of visa.’’. 

13 SEC. 4. MEMBERSHIP IN PARTICULAR SOCIAL GROUP. 

14 Section 101(a) of the Immigration and Nationality 

15 Act (8 U.S.C. 1101(a)) is amended by inserting at the 

16 end the following new paragraph: 

17 ‘‘(53) The term ‘particular social group’ means 

18 a group that is based on an immutable or funda19 mental characteristic, is defined with particularity, 

20 and is recognized as socially distinct from other 

21 members of society at question. Such a particular 

22 social group cannot be defined exclusively by the al23 leged persecutory acts or harm and must also have 

24 existed independently of the alleged persecutory acts 

25 or harm that forms the basis of the claim. The SecVerDate Sep 11 2014 03:45 Feb 17, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6706.IH H6706

kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 6706 IH

1 retary, in general, may not favorably adjudicate 

2 claims of aliens who claim a fear of persecution on 

3 account of membership in a particular social group 

4 consisting of or defined by the following cir5 cumstances— 

6 ‘‘(A) past or present criminal activity or 

7 association (including gang membership); 

8 ‘‘(B) presence in a country with general9 ized violence or a high crime rate; 

10 ‘‘(C) being the subject of a recruitment ef11 fort by criminal, terrorist, or persecutory 

12 groups; 

13 ‘‘(D) the targeting of the applicant for 

14 criminal activity for financial gain based on per15 ceptions of wealth or affluence; 

16 ‘‘(E) interpersonal disputes of which gov17 ernmental authorities in the relevant society or 

18 region were unaware or uninvolved; 

19 ‘‘(F) private criminal acts of which govern20 mental authorities in the relevant society or re21 gion were unaware or uninvolved; 

22 ‘‘(G) past or present terrorist activity or 

23 association; 

24 ‘‘(H) past or present persecutory activity 

25 or association; or 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 6706 IH

1 ‘‘(I) status as an alien returning from the 

2 United States.’’. 

3 SEC. 5. PROHIBITION ON INADMISSIBILITY WAIVERS. 

4 Section 212 of the Immigration and Nationality Act 

5 (8 U.S.C. 1182(a)) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1), by striking subpara8 graph (B); 

9 (B) in paragraph (2), by striking subpara10 graph (F); 

11 (C) in paragraph (6)— 

12 (i) by striking subparagraph (C)(iii); 

13 (ii) by striking subparagraph (E)(iii); 

14 and 

15 (iii) by striking subparagraph (F) and 

16 inserting the following: 

17 ‘‘(F) SUBJECT OF CIVIL PENALTY.—An 

18 alien who is the subject of a final order for vio19 lation of section 274C is inadmissible.’’; 

20 (D) in paragraph (7)— 

21 (i) by striking subparagraph (A)(ii); 

22 and 

23 (ii) by striking subparagraph (B)(ii); 

24 and 


kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 6706 IH

1 (E) in paragraph (9), by striking subpara2 graph (B)(v); and 

3 (2) by striking subsection (h). 

Æ 


kjohnson on DSK79L0C42PROD with BILLS