Visa Overstays Penalties Act

Subjects: Immigration


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2436 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 2436

 To amend the Immigration and Nationality Act to expand penalties for 
                      illegal entry and presence.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 2023

  Mr. Moran (for himself, Mr. Issa, Mr. Gooden of Texas, Mr. Moore of 
Alabama, Ms. Hageman, Mrs. Miller of Illinois, Mr. Self, and Mr. Biggs) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to expand penalties for 
                      illegal entry and presence.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Visa Overstays Penalties Act''.

SEC. 2. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.

    Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) 
is amended--
            (1) in subsection (a) by inserting after ``for a subsequent 
        commission of any such offense'' the following: ``or if the 
        alien was previously convicted of an offense under subsection 
        (e)(1)'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``at least $50 
                and not more than $250'' and inserting ``at least $500 
                and not more than $1,000''; and
                    (B) in paragraph (2), by inserting after ``in the 
                case of an alien who has been previously subject to a 
                civil penalty under this subsection'' the following: 
                ``or subsection (e)(2)''; and
            (3) by adding at the end the following:
    ``(e) Visa Overstays.--Any alien who was admitted as a nonimmigrant 
and who has failed to maintain the nonimmigrant status in which the 
alien was admitted or to which it was changed under section 248, or to 
comply with the conditions of any such status, for an aggregate of 10 
days, has violated this subsection. An alien who has violated this 
subsection--
            ``(1) shall--
                    ``(A) for the first commission of such a violation, 
                be fined under title 18, United States Code, or 
                imprisoned not more than 6 months, or both; and
                    ``(B) for a subsequent commission of such a 
                violation or if the alien was previously convicted of 
                an offense under subsection (a), be fined under such 
                title 18, or imprisoned not more than 2 years, or both; 
                and
            ``(2) in addition to, and not in lieu of, any penalty under 
        paragraph (1) and any other criminal or civil penalties that 
        may be imposed, shall be subject to a civil penalty of--
                    ``(A) at least $500 and not more than $1,000 for 
                each violation; or
                    ``(B) twice the amount specified in subparagraph 
                (A) in the case of an alien who has been previously 
                subject to a civil penalty under this subsection or 
                subsection (b).''.
                                 &lt;all&gt;
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