Visa Overstay Enforcement Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 90 To amend the Immigration and Nationality Act to penalize aliens who overstay their visas, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 4, 2021 Mr. DUNCAN (for himself, Mr. BROOKS, Mr. NORMAN, Mr. BUDD, Mr. WEBER of Texas, Mr. GAETZ, and Mr. WILLIAMS of Texas) 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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Visa Overstay Enforce- 4 ment Act of 2021’’. 5 SEC. 2. VISA OVERSTAYS CRIMINALIZED. 6 (a) IN GENERAL.—The Immigration and Nationality 7 Act is amended by inserting after section 274D the fol- 8 lowing: 9 VerDate Sep 11 2014 16:50 Jan 18, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H90.IH H90 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 90 IH ‘‘SEC. 274E. VISA OVERSTAYS. 1 ‘‘(a) IN GENERAL.—Except as provided in subsection 2 (b), any alien who remains in the United States for any 3 period of time after the date on which any visa or status 4 under which the alien is lawfully present has expired 5 shall— 6 ‘‘(1) for the first commission of any such of- 7 fense, be fined under title 18, United States Code, 8 or imprisoned no more than 6 months, or both; and 9 ‘‘(2) for a subsequent commission of any such 10 offense, be fined under title 18, United States Code, 11 or imprisoned not more than 2 years, or both. 12 ‘‘(b) EXCEPTION.—If the Secretary of Homeland Se- 13 curity determines on an individual case-by-case basis that, 14 because of reasons of a medical necessity, public safety, 15 or national security, the alien violated subsection (a), the 16 alien shall not be subject to the penalties under subsection 17 (a). 18 ‘‘(c) LIMITATION ON REENTRY.— 19 ‘‘(1) FIRST OFFENDERS.—Any alien convicted 20 of a violation of subsection (a)(1)— 21 ‘‘(A) may not be admitted to the United 22 States for a period of 5 years, beginning on the 23 date of the conviction; and 24 VerDate Sep 11 2014 16:50 Jan 18, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H90.IH H90 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 90 IH ‘‘(B) may not be granted a visa for a pe- 1 riod of 10 years, beginning on the date of the 2 conviction. 3 ‘‘(2) SUBSEQUENT OFFENSES.—Any alien con- 4 victed of a violation of subsection (a)(2)— 5 ‘‘(A) may not be admitted to the United 6 States; and 7 ‘‘(B) may not be granted a visa. 8 ‘‘(d) DISCLOSURE OF PENALTIES.—In the case of 9 any application or petition by or on behalf of an alien for 10 admission to the United States, the Secretary of State or 11 the Secretary of Homeland Security shall provide the alien 12 with notice of the penalties under this section and section 13 275 on receipt of the application or petition, and again 14 at the time of admission.’’. 15 (b) CLERICAL AMENDMENT.—The table of contents 16 of the Immigration and Nationality Act is amended by in- 17 serting after the item relating to section 274D the fol- 18 lowing: 19 ‘‘274E. Visa overstays.’’. Æ VerDate Sep 11 2014 16:50 Jan 18, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H90.IH H90 pbinns on DSKJLVW7X2PROD with BILLS