June 5, 2025
Mr. Moran (for himself, Mr. Fine, Mr. Pfluger, Ms. Hageman, Mrs. Miller of Illinois, Mr. Biggs of Arizona, and Mr. Babin) introduced the following bill; which was referred to the Committee on the Judiciary
To amend the Immigration and Nationality Act to expand penalties for illegal entry and presence.
Section 1. Short title
This Act may be cited as the Visa Overstays Penalties Act
.
Sec. 2. Expanded penalties for illegal entry or presence
Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) is amended—
(1)
in subsection (a) by inserting after for a subsequent commission of any such offense
the following: or if the alien was previously convicted of an offense under subsection (e)(1)
;
(2)
in subsection (b)—
(A)
in paragraph (1), by striking at least $50 and not more than $250
and inserting at least $500 and not more than $1,000
; and
(B)
in paragraph (2), by inserting after in the case of an alien who has been previously subject to a civil penalty under this subsection
the following: or subsection (e)(2)
; and
(3)
by adding at the end the following:
(e) Visa overstays
Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 248, or to comply with the conditions of any such status, for an aggregate of 10 days, has violated this subsection. An alien who has violated this subsection—
(1)
shall—
(A)
for the first commission of such a violation, be fined under title 18, United States Code, or imprisoned not more than 6 months, or both; and
(B)
for a subsequent commission of such a violation or if the alien was previously convicted of an offense under subsection (a), be fined under such title 18, or imprisoned not more than 2 years, or both; and
(2)
in addition to, and not in lieu of, any penalty under paragraph (1) and any other criminal or civil penalties that may be imposed, shall be subject to a civil penalty of—
(A)
at least $500 and not more than $1,000 for each violation; or
(B)
twice the amount specified in subparagraph (A) in the case of an alien who has been previously subject to a civil penalty under this subsection or subsection (b).