Visa Overstay Enforcement Act of 2021
Bill: H.R.90 | Sponsor: Rep. Duncan, Jeff (R-SC)
Policy area: Immigration

Summary:
Visa Overstay Enforcement Act of 2021
This bill imposes various penalties on aliens who overstay a visa or lawful immigration status. An alien who overstays shall be fined or imprisoned for up to six months, or both. Such an individual may not be admitted into the United States for 5 years, and may not be granted a visa for 10 years. For subsequent offenses, the alien shall be fined or imprisoned for up to two years, or both, and shall not be admitted into the United States or granted a visa.
The Department of Homeland Security shall make case-by-case exceptions for aliens who overstay due to medical necessity, public safety, or national security reasons.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Visa Overstay Enforcement Act of 
2021''.

SEC. 2. VISA OVERSTAYS CRIMINALIZED.

    (a) In General.--The Immigration and Nationality Act is amended by 
inserting after section 274D the following:

``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 offense, 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 Security 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
                    ``(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.
    ``(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 inserting after the item relating to 
section 274D the following:

``274E. Visa overstays.''.
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