Sponsors (14)
Amends the criminal illegal-entry statute (8 U.S.C. 1325) to raise penalties and to add a distinct provision for visa overstays. The bill defines a "visa overstay" as failing to maintain a nonimmigrant status for an aggregate of 10 days, and it makes both first and repeat overstays subject to civil fines and criminal penalties (including fines and possible imprisonment). The change expands the range of punishments available for people who remain in the United States after their nonimmigrant status lapses and increases potential enforcement exposure for nonimmigrant visa holders.
Amend Section 275 (8 U.S.C. 1325) by changing subsection (a) through an insertion described only as: 'in subsection (a) by inserting after the following: ;' (text in the source is verbatim and contains no further content about what is inserted).
Amend subsection (b), paragraph (1) by striking the phrase 'at least $50 and not more than 50' and inserting the phrase 'at least $500 and not more than inserting,000' (text is quoted verbatim from the source document).
Amend subsection (b), paragraph (2) by 'inserting after the following: ;' (the source text contains this insertion instruction but does not provide the inserted text).
Add new subsection (e) titled 'Visa overstays' that defines a violation: any alien admitted as a nonimmigrant who fails to maintain the nonimmigrant status (including changes under section 248) or to comply with its conditions for an aggregate of 10 days has violated this subsection.
Criminal penalty for first commission of the visa-overstay violation: the alien 'for the first commission of such a violation, be fined under title 18, United States Code, or imprisoned not more than 6 months, or both.'
Primary affected groups are nonimmigrant visa holders who fail to maintain lawful status: they would face new or higher civil fines and possible criminal prosecution for an aggregate of 10 days out-of-status. Federal immigration enforcement (DHS/ICE) and federal prosecutors would see increased authority to pursue penalties, which could increase administrative enforcement actions and criminal caseloads in U.S. district courts. Immigration judges and defense counsel may see more cases where criminal penalties are invoked alongside immigration remedies. Employers who hire temporary workers could experience workforce disruptions if employees are detained, fined, or criminally charged. The rule may deter some short-term visitors from remaining after status lapses but could also produce collateral impacts on families, students, temporary workers, and cross-border travel and commerce. The text shown contains no funding to support additional enforcement, which could shift workloads onto existing agency budgets and court systems.
Last progress June 5, 2025 (8 months ago)
Introduced on June 5, 2025 by Nathaniel Moran
Referred to the House Committee on the Judiciary.