ALIEN Act of 2022
Bill: H.R.6706 | Sponsor: Rep. Fallon, Pat (R-TX)
Policy area: Immigration

Summary:
Abolishing the Lottery and Immigration Enforcement Now Act of 2022 or the ALIEN Act of 2022
This bill makes various changes to immigration laws, including by (1) eliminating the diversity visa program; (2) establishing additional penalties for non-U.S. nationals (aliens under federal law) who overstay a visa, such as criminal penalties for an overstay and permanent bans for repeat overstays; and (3) eliminating the authority of the Department of Homeland Security to waive certain grounds of inadmissibility, such as for grounds related to the simple possession of 30 grams or less of marijuana.

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 Representatives 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--
            (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 subparagraph (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.
    ``(c) Civil Penalties.--
            ``(1) In general.--Any alien who violates subsection (a) 
        shall pay a civil penalty of not more than $1000 per day to the 
        Secretary of Homeland Security 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 
                        permanent residency for 15 years from the date 
                        on which an alien is found to have violated 
                        subsection (a).
            ``(3) Two strikes with respect to overstay 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 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 section 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 section 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 fundamental 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 
        alleged 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 Secretary, 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 circumstances--
                    ``(A) past or present criminal activity or 
                association (including gang membership);
                    ``(B) presence in a country with generalized 
                violence or a high crime rate;
                    ``(C) being the subject of a recruitment effort by 
                criminal, terrorist, or persecutory groups;
                    ``(D) the targeting of the applicant for criminal 
                activity for financial gain based on perceptions of 
                wealth or affluence;
                    ``(E) interpersonal disputes of which governmental 
                authorities in the relevant society or region were 
                unaware or uninvolved;
                    ``(F) private criminal acts of which governmental 
                authorities in the relevant society or region were 
                unaware or uninvolved;
                    ``(G) past or present terrorist activity or 
                association;
                    ``(H) past or present persecutory activity or 
                association; or
                    ``(I) status as an alien returning from the United 
                States.''.

SEC. 5. PROHIBITION ON INADMISSIBILITY WAIVERS.

    Section 212 of the Immigration and Nationality Act (8 U.S.C. 
1182(a)) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking subparagraph (B);
                    (B) in paragraph (2), by striking subparagraph (F);
                    (C) in paragraph (6)--
                            (i) by striking subparagraph (C)(iii);
                            (ii) by striking subparagraph (E)(iii); and
                            (iii) by striking subparagraph (F) and 
                        inserting the following:
                    ``(F) Subject of civil penalty.--An alien who is 
                the subject of a final order for violation of section 
                274C is inadmissible.'';
                    (D) in paragraph (7)--
                            (i) by striking subparagraph (A)(ii); and
                            (ii) by striking subparagraph (B)(ii); and
                    (E) in paragraph (9), by striking subparagraph 
                (B)(v); and
            (2) by striking subsection (h).
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