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Read twice and referred to the Committee on the Judiciary.
Amends immigration law to increase and change monetary penalties for unlawful entry and presence, and to create a new definition and penalties for visa overstays. It defines a visa overstay as accumulating 10 or more aggregate days out of status and makes failure to maintain or comply with nonimmigrant status subject to both civil and criminal penalties. The change expands enforcement tools against people who enter or remain unlawfully and against nonimmigrant visa holders who exceed short overstay thresholds; it does not include new funding or procedural timelines in the text provided.
Introduced June 3, 2025 by James E. Banks · Last progress June 3, 2025
Amend Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325).
In subsection (a), by inserting after ; (text as provided in the section copy is truncated and no additional text is shown).
In subsection (b), paragraph (1): strike the text "at least $50 and not more than 50" and insert the text "not less than $500 and not more than inserting,000" (text as provided in the section copy appears garbled).
In subsection (b), paragraph (2): by inserting after ; (text as provided in the section copy is truncated and no additional text is shown).
Defines "Visa overstays": An alien admitted as a nonimmigrant violates this paragraph if the alien, for an aggregate of 10 days or more, has failed either (A) to maintain the nonimmigrant status in which admitted (or to which it was changed under section 248), including complying with the period of stay authorized by the Secretary of Homeland Security; or (B) to comply otherwise with the conditions of such nonimmigrant status.
Who is affected and how
Noncitizens and nonimmigrant visa holders: Directly affected because the law creates a clear, low threshold (10 aggregate days) that can trigger civil and criminal penalties if they fail to maintain status. Short or intermittent lapses could become legally risky.
Immigration adjudicators and courts: Immigration courts, federal criminal courts, and immigration judges are likely to see more cases and pleadings as civil enforcement and criminal prosecutions increase. Workloads and case backlogs could grow.
Federal enforcement agencies and prosecutors: DHS components (border and interior enforcement) and U.S. Attorneys may be asked to process more cases and use new penalty authorities, increasing operational demands.
Families and communities: Family members of affected noncitizens could face disruptions from fines, criminal charges, detention, or removal. Communities with many nonimmigrant visitors or temporary workers could see heightened enforcement activity.
Employers and service providers: Employers who rely on nonimmigrant labor may face higher compliance risk if workers briefly fall out of status; they may experience labor disruptions or face greater scrutiny.
Broader consequences and risks
Chilling effects: The low 10-day threshold may deter lawful short travel outside status or make routine status maintenance risky, especially for individuals with limited access to legal advice.
Administrative strain: Without new funding or clear implementation guidance, agencies may face resource gaps to process civil penalties, criminal referrals, and removal proceedings.
Legal and due-process concerns: Rapid expansion of criminal penalties for relatively short overstays could prompt legal challenges and raise concerns about proportionality and access to counsel.
Net effect
Expand sections to see detailed analysis
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate