Preventing Visa Overstays Act

II 117TH CONGRESS 1ST SESSION S. 858 To establish criminal penalties for aliens who fail to depart before the expiration of their visas. IN THE SENATE OF THE UNITED STATES MARCH 18, 2021 Mr. KENNEDY introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish criminal penalties for aliens who fail to depart before the expiration of their visas. 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 ‘‘Preventing Visa 4 Overstays Act’’. 5 VerDate Sep 11 2014 23:34 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S858.IS S858 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 858 IS SEC. 2. CRIMINAL PENALTIES FOR ALIENS WHO FAIL TO 1 DEPART FROM THE UNITED STATES BEFORE 2 THE EXPIRATION OF THEIR VISAS. 3 (a) IN GENERAL.—Section 274D of the Immigration 4 and Nationality Act (8 U.S.C. 1324d) is amended to read 5 as follows: 6 ‘‘SEC. 274D. PENALTIES FOR FAILURE TO DEPART. 7 ‘‘(a) PROHIBITED CONDUCT.—It is unlawful for any 8 alien who is subject to a final order of removal— 9 ‘‘(1) to willfully fail or refuse— 10 ‘‘(A) to depart from the United States pur- 11 suant to such order; 12 ‘‘(B) to make a timely application in good 13 faith for travel or other documents necessary 14 for departure; or 15 ‘‘(C) to present for removal at the time 16 and place required by the Secretary of Home- 17 land Security; or 18 ‘‘(2) to conspire to or take any action designed 19 to prevent or hamper the alien’s departure pursuant 20 to such order. 21 ‘‘(b) CIVIL PENALTIES.—Any alien who violates sub- 22 section (a) shall pay a civil penalty of not more than $500 23 to the Secretary of Homeland Security for each day the 24 alien remains in violation of such subsection. 25 VerDate Sep 11 2014 23:34 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S858.IS S858 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 858 IS ‘‘(c) CRIMINAL PENALTIES.—Any alien who is re- 1 quired to depart from the United States as a result of 2 the expiration of the alien’s visa and fails to depart the 3 United States within the prescribed period shall be fined 4 under title 18, United States Code, imprisoned for not 5 more than 1 year, or both. 6 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec- 7 tion may be construed to diminish or qualify any penalties 8 to which an alien may be subject for activities proscribed 9 under section 243(a) or under any other section of this 10 Act.’’. 11 (b) CLERICAL AMENDMENT.—The table of contents 12 for the Immigration and Nationality Act (8 U.S.C. 1101 13 note) is amended by striking the item relating to section 14 274D and inserting the following: 15 ‘‘Sec. 274D. Penalties for failure to depart.’’. Æ VerDate Sep 11 2014 23:34 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S858.IS S858 pbinns on DSKJLVW7X2PROD with BILLS