What This Bill Does
This bill makes it a crime for foreign nationals to stay in the United States after their visa or legal status expires. The bill creates criminal penalties including fines and jail time for people who overstay their visas, and bans them from returning to the country for a set period.
Who It Affects
Foreign nationals (people from other countries) who stay in the United States after their visa or legal status expires. The Secretary of Homeland Security (the federal official who oversees border and immigration matters) and the Secretary of State (the federal official who handles visas).
Key Provisions
• A foreign national staying in the United States after their visa expires faces a fine or up to 6 months in jail for a first offense, and a fine or up to 2 years in jail for any offense after that. (Sec. 274E(a))
• A foreign national convicted of a first overstay offense cannot return to the United States for 5 years and cannot receive a visa for 10 years after conviction. (Sec. 274E(c)(1))
• A foreign national convicted of a second or later overstay offense is permanently banned from returning to the United States and cannot receive a visa. (Sec. 274E(c)(2))
• The Secretary of Homeland Security can decide case-by-case that someone should not be punished if they overstayed because of medical need, public safety or national security reasons. (Sec. 274E(b))
• Federal officials must tell foreign nationals applying to enter the country about these penalties when they receive the application and again when the person arrives. (Sec. 274E(d))
What Changes
The Immigration and Nationality Act gets a new section making overstaying a visa a criminal offense. Currently this provision does not exist in federal law as described in this bill.
Important Definitions
Alien: A foreign national or person who is not a U.S. citizen. Visa: Legal permission to enter and stay in the United States. Status: Legal authorization to be present in the United States.
I
118TH CONGRESS
1ST SESSION
H. R. 777
To amend the Immigration and Nationality Act to penalize aliens who
overstay their visas, and for other purposes.
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.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Visa Overstay Enforce-
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ment Act of 2023’’.
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SEC. 2. VISA OVERSTAYS CRIMINALIZED.
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(a) IN GENERAL.—The Immigration and Nationality
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Act is amended by inserting after section 274D the fol-
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lowing:
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•HR 777 IH
‘‘SEC. 274E. VISA OVERSTAYS.
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‘‘(a) IN GENERAL.—Except as provided in subsection
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(b), any alien who remains in the United States for any
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period of time after the date on which any visa or status
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under which the alien is lawfully present has expired
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shall—
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‘‘(1) for the first commission of any such of-
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fense, be fined under title 18, United States Code,
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or imprisoned no more than 6 months, or both; and
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‘‘(2) for a subsequent commission of any such
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offense, be fined under title 18, United States Code,
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or imprisoned not more than 2 years, or both.
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‘‘(b) EXCEPTION.—If the Secretary of Homeland Se-
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curity determines on an individual case-by-case basis that,
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because of reasons of a medical necessity, public safety,
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or national security, the alien violated subsection (a), the
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alien shall not be subject to the penalties under subsection
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(a).
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‘‘(c) LIMITATION ON REENTRY.—
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‘‘(1) FIRST OFFENDERS.—Any alien convicted
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of a violation of subsection (a)(1)—
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‘‘(A) may not be admitted to the United
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States for a period of 5 years, beginning on the
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date of the conviction; and
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•HR 777 IH
‘‘(B) may not be granted a visa for a pe-
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riod of 10 years, beginning on the date of the
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conviction.
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‘‘(2) SUBSEQUENT OFFENSES.—Any alien con-
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victed of a violation of subsection (a)(2)—
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‘‘(A) may not be admitted to the United
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States; and
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‘‘(B) may not be granted a visa.
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‘‘(d) DISCLOSURE OF PENALTIES.—In the case of
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any application or petition by or on behalf of an alien for
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admission to the United States, the Secretary of State or
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the Secretary of Homeland Security shall provide the alien
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with notice of the penalties under this section and section
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275 on receipt of the application or petition, and again
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at the time of admission.’’.
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(b) CLERICAL AMENDMENT.—The table of contents
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of the Immigration and Nationality Act is amended by in-
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serting after the item relating to section 274D the fol-
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lowing:
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‘‘274E. Visa overstays.’’.
Æ
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