Timely Departure Act

Bill: 118-s-2656
Sponsor: full_name: Sen. Vance, J. D. [R-OH]
Introduced: 2023-07-27
Policy area: Immigration
Latest action: action_date: 2023-07-27
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2023-07-27
action_desc: Introduced in Senate
text: <p><strong>Timely Departure Act</strong></p><p>This bill requires certain nonimmigrants to secure a visa with a bond.</p><p>Under the bill, an applicant for a covered visa category must provide a bond (or cash payment) of at least $5,000 and no more than $15,000 according to rules to be established by the Department of Homeland Security (DHS). Covered visa categories include those for visitors for business or pleasure and exclude those for foreign government officials&nbsp;and crime victims. The bill also specifies that a nonimmigrant seeking asylum or withholding of removal while present in the United States must apply for asylum or withholding of removal by the expiration date on their visa to remain eligible for asylum or withholding of removal.</p><p>The bill provides that a covered nonimmigrant who overstays the term of their visa forfeits the full bond, is subject to removal, and is ineligible for any lawful immigration status (including adjustment of status) for at least 4 years and up to 12 years. Forfeited amounts may be used solely for detention facilities for non-U.S. nationals (<em>aliens </em>under federal law) and international transportation for non-U.S. nationals ordered removed from the United States.</p><p>The bill specifies that DHS, in implementing this bill, may only issue rules regarding (1) the collection and retention of bonds and cash payments, (2) the notification of the Attorney General regarding a nonimmigrant's failure to timely depart, and (3) preventing the circumvention of the bond requirement.</p><!--tinycomments|2.1|data:application/json;base64,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-->

tv_txt: II 118th CONGRESS 1st Session S. 2656 IN THE SENATE OF THE UNITED STATES July 27, 2023 Mr. Vance introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require aliens seeking admission to the United States as nonimmigrants to pay a bond or cash payment and to impose penalties on such aliens who fail to timely depart the United States, and for other purposes.

1. Short title This Act may be cited as the Timely Departure Act . 2. Visa overstay bonds and penalties (a) Definitions In this Act: (1) In general A term used in this section that is used in the immigration laws shall have the meaning given such term in the immigration laws. (2) Immigration laws The term immigration laws has the meaning given such term under section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). (b) Nonimmigrant bonds (1) Admission contingent on posting of bond (A) In general Except as provided in subparagraph (B), an alien seeking admission to the United States as a nonimmigrant shall pay a bond or cash payment in an amount not less than $5,000 and not more than $15,000 to help ensure that the alien departs the United States before the date on which his or her period of stay authorized by the Secretary of Homeland Security in connection with such status expires. (B) Nonapplicability to certain aliens Subparagraph (A) shall not apply to any alien who— (i) is present in the United States pursuant to a nonimmigrant visa issued under subparagraph (A), (C), (G), (P)(i), (T), or (U) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ); or (ii) is a national of a program country for purposes of the visa waiver program under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ). (2) Automatic and nonappealable forfeiture (A) In general In the case of a nonimmigrant who has paid a bond or cash payment under paragraph (1) who fails to depart the United States before midnight (Pacific Time) on the date on which his or her authorized period of stay expires, such bond or cash payment shall be forfeited without the opportunity for appeal or review. (B) Offsetting account A forfeited bond or cash payment under this paragraph shall be deposited in an offsetting account under the jurisdiction of the Secretary of Homeland Security, to be known as the Immigration Detention and Enforcement Account , and the amounts deposited into such account shall be used solely for purposes of funding alien detention facilities and international transportation for aliens ordered removed from the United States. (3) Removal and immigration penalty An alien whose bond or cash payment is forfeited under paragraph (2) shall be— (A) promptly removed from the United States; and (B) for a period not less than 4 years and not more than 12 years beginning on the date of such forfeiture, ineligible for any lawful immigration status or adjustment of status under the immigration laws. (c) Limitation on asylum and withholding of removal claims (1) In general An alien present in the United States pursuant to admission as a nonimmigrant who intends to seek asylum or withholding of removal in the United States shall submit an application for asylum or withholding of removal before midnight (Pacific Time) on the date on which his or her authorized period of stay in connection with nonimmigrant status expires. (2) Consequence of failure to timely depart An alien described in paragraph (1) who fails to depart the United States before midnight (Pacific Time) on the date on which his or her authorized period of stay expires and who has not submitted an application for asylum or withholding of removal shall be ineligible to submit such an application after such date. (d) Regulations (1) In general In implementing this section, the Secretary of Homeland Security may only issue regulations or policy guidance with respect to— (A) the collection and retention of bonds and cash payments; (B) the notification of the Attorney General with respect to the failure of an alien to timely depart the United States before midnight (Pacific Time) on the date on which his or her authorized period of stay in connection with nonimmigrant status expires; and (C) the prevention of the circumvention of the requirement to pay a bond or cash payment under subsection (b)(1). (2) Prohibition The Secretary of Homeland Security shall not waive or nullify any requirement of this section, whether by rulemaking, order, or other action. (e) Effective date This section shall take effect on the date that is 30 days after the date of the enactment of this Act.