S. 1937

119 S1937 IS: Visa Overstay Penalties Act of 2025
 U.S. Senate
 2025-06-03
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
  II
  119th CONGRESS
  1st Session
  S. 1937
  IN THE SENATE OF THE UNITED STATES
  June 3, 2025
  Mr. Banks  introduced the following bill;
  which was read twice and referred to the  Committee on the Judiciary
  A BILL
To amend section 275 of the Immigration and Nationality Act to expand
  penalties for illegal entry and unlawful presence.
1.
Short title
This Act may be cited as the   Visa Overstay Penalties Act of 2025  .
2.
Expanded penalties for illegal entry or presence
Section 275 of the Immigration and Nationality Act ( 8 U.S.C. 1325 ) is amended—
(1)
in subsection (a), by inserting  or if the alien was previously convicted of an offense under subsection (e)(2)(A)  after  for a subsequent commission of any such offense ;
(2)
in subsection (b)—
(A)
in paragraph (1), by striking  at least $50 and not more than $250  and inserting  not less than $500 and not more than $1,000 ; and
(B)
in paragraph (2), by inserting  or subsection (e)(2)(B)  after  in the case of an alien who has been previously subject to a civil penalty under this subsection ; and
(3)
by adding at the end the following:
(e)
Visa overstays
(1)
In general
An alien who was admitted as a nonimmigrant has violated this paragraph if the alien, for an aggregate of 10 days or more, has failed—
(A)
to maintain the nonimmigrant status in which the alien was admitted, or to which it was changed under section 248, including complying with the period of stay authorized by the Secretary of Homeland Security in connection with such status; or
(B)
to comply otherwise with the conditions of such nonimmigrant status.
(2)
Penalties
An alien who has violated paragraph (1)—
(A)
shall—
(i)
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; and
(ii)
for a subsequent commission of such a violation, or if the alien was previously convicted of an offense under subsection (a), be fined under such title 18, or imprisoned not more than 2 years, or both; and
(B)
in addition to, and not in lieu of, any penalty under subparagraph (A) and any other criminal or civil penalties that may be imposed, shall be subject to a civil penalty of—
(i)
not less than $500 and not more than $1,000 for each violation; or
(ii)
twice the amount specified in clause (i), in the case of an alien who has been previously subject to a civil penalty under this subparagraph or subsection (b).
  .