Title: Preventing Visa Overstays Act
Policy area: Immigration

Summary:
Preventing Visa Overstays Act
This bill provides for criminal penalties for an alien who stays in the United States after the expiration of the alien's visa. Such an alien shall be criminally fined, imprisoned for up to one year, or both.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 858 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 858

 To establish criminal penalties for aliens who fail to depart before 
                     the expiration of their visas.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 18, 2021

  Mr. Kennedy introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To establish criminal penalties for aliens who fail to depart before 
                     the expiration of their visas.

    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 ``Preventing Visa Overstays Act''.

SEC. 2. CRIMINAL PENALTIES FOR ALIENS WHO FAIL TO DEPART FROM THE 
              UNITED STATES BEFORE THE EXPIRATION OF THEIR VISAS.

    (a) In General.--Section 274D of the Immigration and Nationality 
Act (8 U.S.C. 1324d) is amended to read as follows:

``SEC. 274D. PENALTIES FOR FAILURE TO DEPART.

    ``(a) Prohibited Conduct.--It is unlawful for any alien who is 
subject to a final order of removal--
            ``(1) to willfully fail or refuse--
                    ``(A) to depart from the United States pursuant to 
                such order;
                    ``(B) to make a timely application in good faith 
                for travel or other documents necessary for departure; 
                or
                    ``(C) to present for removal at the time and place 
                required by the Secretary of Homeland Security; or
            ``(2) to conspire to or take any action designed to prevent 
        or hamper the alien's departure pursuant to such order.
    ``(b) Civil Penalties.--Any alien who violates subsection (a) shall 
pay a civil penalty of not more than $500 to the Secretary of Homeland 
Security for each day the alien remains in violation of such 
subsection.
    ``(c) Criminal Penalties.--Any alien who is required to depart from 
the United States as a result of the expiration of the alien's visa and 
fails to depart the United States within the prescribed period shall be 
fined under title 18, United States Code, imprisoned for not more than 
1 year, or both.
    ``(d) Rule of Construction.--Nothing in this section may be 
construed to diminish or qualify any penalties to which an alien may be 
subject for activities proscribed under section 243(a) 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 striking the 
item relating to section 274D and inserting the following:

``Sec. 274D. Penalties for failure to depart.''.
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