Visa Overstay Enforcement Act of 2023

Bill: 118-hr-777
Sponsor: full_name: Rep. Duncan, Jeff [R-SC-3]
Introduced: 2023-02-02
Policy area: Immigration
Subjects: Border security and unlawful immigration

Immigration status and procedures

Visas and passports
Latest action: action_date: 2023-02-02
text: Referred to the House Committee on the Judiciary.

Summaries:
action_date: 2023-02-02
action_desc: Introduced in House
text: <p><b>Visa Overstay Enforcement Act of 2023 </b></p> <p>This bill imposes various penalties on non-U.S. nationals (<i>aliens</i> under federal law) who overstay a visa or lawful immigration status. An individual 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. </p> <p>For subsequent offenses, the individual shall be fined or imprisoned for up to two years, or both, and may not be admitted into the United States or granted a visa.</p> <p>The Department of Homeland Security shall make case-by-case exceptions for individuals who overstay due to medical necessity, public safety, or national security reasons.</p>

tv_txt: I 118th CONGRESS 1st Session H. R. 777 IN THE HOUSE OF REPRESENTATIVES February 2, 2023 Mr. Duncan (for himself, Mrs. Harshbarger , Mr. Norman , Mrs. Lesko , Mrs. Miller of Illinois , Mr. Gosar , Mr. Moore of Alabama , Mr. Posey , Mr. Zinke , and Mr. Carter of Georgia ) 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.

1. Short title This Act may be cited as the Visa Overstay Enforcement Act of 2023 . 2. Visa overstays criminalized (a) In general The Immigration and Nationality Act is amended by inserting after section 274D the following: 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. .