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 re-
ferred 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Abolishing the Lottery 
and Immigration Enforcement Now Act of 2022’’ or the 
‘‘ALIEN Act of 2022’’. 
SEC. 2. REPEAL OF THE DIVERSITY VISA LOTTERY. 
Title II of the Immigration and Nationality Act (8 
U.S.C. 1151 et seq.) is amended— 
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(1) in section 201(a)— 
(A) in paragraph (1), by adding ‘‘and’’ at 
the end; 
(B) in paragraph (2), by striking ‘‘; and’’ 
and inserting a period; and 
(C) by striking paragraph (3); 
(2) in section 203— 
(A) by striking subsection (c); and 
(B) in subsection (e)— 
(i) by striking paragraph (2); and 
(ii) by redesignating paragraph (3) as 
paragraph (2); and 
(3) in section 204(a)(1), by striking subpara-
graph (I). 
SEC. 3. PENALTIES FOR OVERSTAYING A VISA. 
(a) IN GENERAL.—Chapter 8 of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 274E. PENALTIES FOR OVERSTAY OF VISA. 
‘‘(a) PROHIBITED CONDUCT.—It is unlawful for any 
alien to remain in the United States beyond the date on 
which such alien’s visa or lawful status has expired. 
‘‘(b) CRIMINAL PENALTIES.—Any alien who violates 
subsection (a) shall be fined under title 18, United States 
Code, and imprisoned for not more than 1 year, or both. 
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‘‘(c) CIVIL PENALTIES.— 
‘‘(1) IN GENERAL.—Any alien who violates sub-
section (a) shall pay a civil penalty of not more than 
$1000 per day to the Secretary of Homeland Secu-
rity for each day the alien remains in violation of 
such subsection. 
‘‘(2) IMMIGRATION MATTERS.— 
‘‘(A) INADMISSIBILITY.—Any alien who 
violates subsection (a) shall be— 
‘‘(i) inadmissible to enter the United 
States for five years from the date on 
which an alien is found to have violated 
subsection (a); 
‘‘(ii) ineligible for relief from removal 
for 10 years from the date on which an 
alien is found to have violated subsection 
(a); and 
‘‘(iii) ineligible to apply for legal per-
manent residency for 15 years from the 
date on which an alien is found to have 
violated subsection (a). 
‘‘(3) TWO STRIKES WITH RESPECT TO OVER-
STAY OF VISA.—Any alien who violates subsection 
(a) shall be shall be removed from the United 
States. If such alien again enters the United States 
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on a visa and is found to violate subsection (a), the 
alien shall be removed from the United States and 
is permanently inadmissible to the United States. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to diminish or qualify any other 
penalty for which an alien may be subject to for activities 
described under section 243(a), section 274D, or under 
any other section of this Act.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act (8 U.S.C. 1101 
note) is amended by adding after the item relating to sec-
tion 274D the following: 
‘‘Sec. 274E. Penalties for overstay of visa.’’. 
SEC. 4. MEMBERSHIP IN PARTICULAR SOCIAL GROUP. 
Section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)) is amended by inserting at the 
end the following new paragraph: 
‘‘(53) The term ‘particular social group’ means 
a group that is based on an immutable or funda-
mental characteristic, is defined with particularity, 
and is recognized as socially distinct from other 
members of society at question. Such a particular 
social group cannot be defined exclusively by the al-
leged persecutory acts or harm and must also have 
existed independently of the alleged persecutory acts 
or harm that forms the basis of the claim. The Sec-
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retary, in general, may not favorably adjudicate 
claims of aliens who claim a fear of persecution on 
account of membership in a particular social group 
consisting of or defined by the following cir-
cumstances— 
‘‘(A) past or present criminal activity or 
association (including gang membership); 
‘‘(B) presence in a country with general-
ized violence or a high crime rate; 
‘‘(C) being the subject of a recruitment ef-
fort by criminal, terrorist, or persecutory 
groups; 
‘‘(D) the targeting of the applicant for 
criminal activity for financial gain based on per-
ceptions of wealth or affluence; 
‘‘(E) interpersonal disputes of which gov-
ernmental authorities in the relevant society or 
region were unaware or uninvolved; 
‘‘(F) private criminal acts of which govern-
mental authorities in the relevant society or re-
gion were unaware or uninvolved; 
‘‘(G) past or present terrorist activity or 
association; 
‘‘(H) past or present persecutory activity 
or association; or 
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