I 
117TH CONGRESS 
1ST SESSION 
H. R. 90 
To amend the Immigration and Nationality Act to penalize aliens who 
overstay their visas, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2021 
Mr. DUNCAN (for himself, Mr. BROOKS, Mr. NORMAN, Mr. BUDD, Mr. 
WEBER of Texas, Mr. GAETZ, and Mr. WILLIAMS of Texas) introduced 
the following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to penalize 
aliens who overstay their visas, 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 ‘‘Visa Overstay Enforce-
ment Act of 2021’’. 
SEC. 2. VISA OVERSTAYS CRIMINALIZED. 
(a) IN GENERAL.—The Immigration and Nationality 
Act is amended by inserting after section 274D the fol-
lowing: 
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‘‘SEC. 274E. VISA OVERSTAYS. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), any alien who remains in the United States for any 
period of time after the date on which any visa or status 
under which the alien is lawfully present has expired 
shall— 
‘‘(1) for the first commission of any such of-
fense, be fined under title 18, United States Code, 
or imprisoned no more than 6 months, or both; and 
‘‘(2) for a subsequent commission of any such 
offense, be fined under title 18, United States Code, 
or imprisoned not more than 2 years, or both. 
‘‘(b) EXCEPTION.—If the Secretary of Homeland Se-
curity determines on an individual case-by-case basis that, 
because of reasons of a medical necessity, public safety, 
or national security, the alien violated subsection (a), 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 
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‘‘(B) may not be granted a visa for a pe-
riod of 10 years, beginning on the date of the 
conviction. 
‘‘(2) SUBSEQUENT OFFENSES.—Any alien con-
victed of a violation of subsection (a)(2)— 
‘‘(A) may not be admitted to the United 
States; and 
‘‘(B) may not be granted a visa. 
‘‘(d) DISCLOSURE OF PENALTIES.—In the case of 
any application or petition by or on behalf of an alien for 
admission to the United States, the Secretary of State or 
the Secretary of Homeland Security shall provide the alien 
with notice of the penalties under this section and section 
275 on receipt of the application or petition, and again 
at the time of admission.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Immigration and Nationality Act is amended by in-
serting after the item relating to section 274D the fol-
lowing: 
‘‘274E. Visa overstays.’’. 
Æ 
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