Visa Overstay Enforcement Act of 2013

To amend the Immigration and Nationality Act to criminalize unlawful presence. 1. Short title This Act may be cited as the Visa Overstay Enforcement Act of 2013 2. Unlawful presence criminalized The Immigration and Nationality Act is amended by inserting after section 274D the following: 274E. Unlawful presence (a) In general Except as provided in subsection (b), any alien who is unlawfully present in the United States for a period of 30 consecutive days shall be punished— (1) in the case of a first offense, as felony, by a fine of not more than $10,000 or by imprisonment for not more than 1 year, or both; and (2) in the case of a subsequent offense, as a felony, by a fine of not more than $15,000 or by imprisonment for not more than 5 years, or both. (b) Exception If the Secretary of Homeland Security determines that because of illness or any other extenuating circumstance the alien has been unlawfully present, the alien shall not be subject to the penalties under subsection (a). (c) Limitation on reentry (1) First offenders Any alien convicted of a violation of subsection (a)(1)— (A) may not be admitted to the United States for a period of 5 years, beginning on the date of the conviction; and (B) may not be granted a visa for a period of 10 years, beginning on the date of the conviction. (2) Subsequent offenses Any alien convicted of a violation of subsection (a)(2)— (A) may not be admitted to the United States; and (B) may not be granted a visa. . 3. Biometric Entry and Exit system (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees a plan to implement, immediately, a biometric exit capability using a person’s fingerprints at all land, sea, and air ports of entry under the US–VISIT program, in accordance with the Enhanced Security and Visa Entry Reform Act of 2002 ( Public Law 107–73 (b) Contents of plan The Secretary of Homeland Security shall include the following requirements when developing the biometric plan: (1) Leveraging of all biometric technologies. (2) Utilization of biometric technologies used by the United States Government in Iraq and Afghanistan. (3) Establish collaborative relationships with airports and the airlines. (4) Allow for reliable reporting of visa overstay rates. (5) Coordination of databases across the United States Government including all databases maintained by the Department of Homeland Security, the Department of Justice, and the Department of State. (6) Assessment of operational and funding requirements of Department of Homeland Security components, specifically U.S. Border Patrol, U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement. (7) Not later than 30 days after the date of enactment of this Act, the Secretary shall establish plans for establishing a pilot biometric exit project at a minimum of two land ports of entry at the U.S.-Canada border and a minimum of four land ports of entry at the U.S.-Mexico border. (c) Biometric entry and exit data system (1) Airports Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security shall establish the biometric entry and exit data system required by section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 8 U.S.C. 1365b (2) All ports of entry Not later than 2 years after the date of enactment of this Act, the Secretary of Homeland Security shall establish the biometric entry and exit data system required by section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 8 U.S.C. 1365b

Summary: Visa Overstay Enforcement Act of 2013 - Amends the Immigration and Nationality Act to make it a felony for any alien to be unlawfully present in the United States for a period of 30 consecutive days, except because of illness or any other extenuating circumstance. Requires such an alien to be punished: (1) in the case of a first offense, with a fine of not more than $10,000 or by imprisonment for not more than one year, or both; and (2) in the case of a subsequent offense, with a fine of not more than $15,000 or by imprisonment for not more than five years, or both. Declares that an alien convicted: (1) of a first offense may not be admitted to the United States for 5 years, and may not be granted a visa for 10 years; and (2) of a subsequent offense may not be admitted to the United States, and may not be granted a visa. Directs the the Secretary of Homeland Security (DHS) to: (1) submit to Congress within 90 days a plan to implement a biometric exit capability using a person's fingerprints at all land, sea, and air ports of entry under the US-VISIT program; and (2) establish the biometric entry and exit data system required by the Intelligence Reform and Terrorism Prevention Act of 2004 within one year at each airport that is a U.S. port of entry, and within two years at all U.S. ports of entry.