What This Bill Does
This bill changes the penalties for people who enter the country illegally or stay in the country without legal permission. It increases fines and prison time for these violations and creates new criminal penalties for people who overstay visas (permission to stay for a specific time period).
Who It Affects
People who enter the country illegally. People admitted to the country on a nonimmigrant visa (temporary permission to stay) who fail to maintain or comply with the conditions of that status.
Key Provisions
• First-time visa overstay violations of 10 or more days trigger criminal penalties including a fine and up to 6 months in prison, plus a civil penalty of at least $500 and not more than $1,000 (Sec. 2(e)(1)(A) and (2)(A))
• Repeat visa overstay violations or violations by someone previously convicted of illegal entry result in criminal penalties including a fine and up to 2 years in prison, plus a civil penalty of at least $500 and not more than $1,000 (Sec. 2(e)(1)(B) and (2)(A))
• People with previous civil penalties for visa overstays face doubled civil penalties of at least $1,000 and not more than $2,000 for each additional violation (Sec. 2(e)(2)(B))
• Criminal penalties for illegal entry increase from a range of at least $50 to not more than $250 to at least $500 to not more than $1,000 (Sec. 2(b)(1)(A))
What Changes
The bill creates a new category of violation for people who overstay visas by 10 or more days and establishes criminal penalties for this violation. It increases the civil fine amounts for illegal entry. It allows previous visa overstay convictions to count toward enhanced penalties for repeat illegal entry offenses.
Important Definitions
Nonimmigrant: a person admitted to the country on a temporary basis rather than as a permanent resident (Sec. 2(e))
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 2436
To amend the Immigration and Nationality Act to expand penalties for
illegal entry and presence.
IN THE HOUSE OF REPRESENTATIVES
MARCH 30, 2023
Mr. MORAN (for himself, Mr. ISSA, Mr. GOODEN of Texas, Mr. MOORE of Ala-
bama, Ms. HAGEMAN, Mrs. MILLER of Illinois, Mr. SELF, and Mr.
BIGGS) introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To amend the Immigration and Nationality Act to expand
penalties for illegal entry and presence.
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 Overstays Pen-
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alties Act’’.
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SEC. 2. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR
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PRESENCE.
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Section 275 of the Immigration and Nationality Act
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(8 U.S.C. 1325) is amended—
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•HR 2436 IH
(1) in subsection (a) by inserting after ‘‘for a
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subsequent commission of any such offense’’ the fol-
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lowing: ‘‘or if the alien was previously convicted of
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an offense under subsection (e)(1)’’;
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(2) in subsection (b)—
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(A) in paragraph (1), by striking ‘‘at least
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$50 and not more than $250’’ and inserting ‘‘at
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least $500 and not more than $1,000’’; and
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(B) in paragraph (2), by inserting after
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‘‘in the case of an alien who has been previously
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subject to a civil penalty under this subsection’’
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the following: ‘‘or subsection (e)(2)’’; and
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(3) by adding at the end the following:
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‘‘(e) VISA OVERSTAYS.—Any alien who was admitted
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as a nonimmigrant and who has failed to maintain the
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nonimmigrant status in which the alien was admitted or
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to which it was changed under section 248, or to comply
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with the conditions of any such status, for an aggregate
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of 10 days, has violated this subsection. An alien who has
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violated this subsection—
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‘‘(1) shall—
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‘‘(A) for the first commission of such a vio-
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lation, be fined under title 18, United States
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Code, or imprisoned not more than 6 months,
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or both; and
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‘‘(B) for a subsequent commission of such
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a violation or if the alien was previously con-
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victed of an offense under subsection (a), be
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fined under such title 18, or imprisoned not
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more than 2 years, or both; and
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‘‘(2) in addition to, and not in lieu of, any pen-
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alty under paragraph (1) and any other criminal or
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civil penalties that may be imposed, shall be subject
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to a civil penalty of—
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‘‘(A) at least $500 and not more than
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$1,000 for each violation; or
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‘‘(B) twice the amount specified in sub-
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paragraph (A) in the case of an alien who has
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been previously subject to a civil penalty under
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this subsection or subsection (b).’’.
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Æ
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