June 3, 2025
Mr. Banks introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To amend section 275 of the Immigration and Nationality Act to expand penalties for illegal entry and unlawful presence.
Section 1. Short title
This Act may be cited as the Visa Overstay Penalties Act of 2025
.
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 or if the alien was previously convicted of an offense under subsection (e)(2)(A)
after for a subsequent commission of any such offense
;
(2)
in subsection (b)—
(A)
in paragraph (1), by striking at least $50 and not more than $250
and inserting not less than $500 and not more than $1,000
; and
(B)
in paragraph (2), by inserting or subsection (e)(2)(B)
after in the case of an alien who has been previously subject to a civil penalty under this subsection
; and
(3)
by adding at the end the following:
(e) Visa overstays
(1) In general
An alien who was admitted as a nonimmigrant has violated this paragraph if the alien, for an aggregate of 10 days or more, has failed—
(A)
to maintain the nonimmigrant status in which the alien was admitted, or to which it was changed under section 248, including complying with the period of stay authorized by the Secretary of Homeland Security in connection with such status; or
(B)
to comply otherwise with the conditions of such nonimmigrant status.
(2) Penalties
An alien who has violated paragraph (1)—
(A)
shall—
(i)
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
(ii)
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
(B)
in addition to, and not in lieu of, any penalty under subparagraph (A) and any other criminal or civil penalties that may be imposed, shall be subject to a civil penalty of—
(i)
not less than $500 and not more than $1,000 for each violation; or
(ii)
twice the amount specified in clause (i), in the case of an alien who has been previously subject to a civil penalty under this subparagraph or subsection (b).