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I
116TH CONGRESS
1ST SESSION
H. R. 147
To amend the Immigration and Nationality Act to penalize aliens who
overstay their visas, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 3, 2019
Mr. DUNCAN (for himself, Mr. GOSAR, Mr. BROOKS of Alabama, Mr. NOR-
MAN, Mr. KING of Iowa, Mr. HICE of Georgia, Mr. POSEY, Mr. MEAD-
OWS, and Mr. WEBER 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-
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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 2019’’.
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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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‘‘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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‘‘(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.’’.
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