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Visa Overstays Penalties Act (H.R. 2436)

Original title: Visa Overstays Penalties Act

Last action · March 30, 2023: Referred to the House Committee on the Judiciary.Sponsor: Nathaniel Moran

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Would Do

This bill proposes stricter criminal and civil penalties for visa holders who remain in the United States longer than authorized. It establishes specific fines and potential prison time for those who fail to maintain their visa status for at least 10 days.

Why it matters

The bill would increase the financial and criminal consequences for visa holders who overstay their authorized period by at least 10 days, potentially leading to fines of up to $2,000 and imprisonment for up to two years.

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

Nonimmigrant visa holders

Individuals in the U.S. on nonimmigrant visas face new criminal and civil penalties for failing to maintain their status for 10 days.

Directly affected

Department of Justice

The agency would be responsible for enforcing the new criminal and civil penalties established by the bill.

Key Facts

  • Defines a 'visa overstay' as a nonimmigrant who fails to maintain their status or comply with conditions for an aggregate of 10 days.
  • First-time visa overstay violations are punishable by a fine under Title 18 or imprisonment for up to 6 months, or both.
  • Subsequent visa overstay violations or violations by those previously convicted of illegal entry are punishable by a fine under Title 18 or imprisonment for up to 2 years, or both.
  • Imposes a civil penalty of $500 to $1,000 for each visa overstay violation.
Show all 8 facts
  • Increases the civil penalty for repeat offenders to $1,000 to $2,000 per violation.
  • Increases the existing civil penalty range for illegal entry from $50–$250 to $500–$1,000.
  • Civil penalties are in addition to, not in lieu of, any other criminal or civil penalties.
  • Amends Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325).

Frequently Asked Questions

What counts as a visa overstay under this bill?
Any who fails to maintain their status or comply with their visa conditions for a total of 10 days.
What are the potential criminal penalties for a first-time overstay?
A fine under Title 18 of the U.S. Code and/or up to 6 months in prison.
Does this bill replace existing immigration penalties?
No, the bill states that these new civil penalties are in addition to any other criminal or civil penalties already in place.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Currently in committee. The next step in the legislative lifecycle is Floor Vote.

Last action
Referred to the House Committee on the Judiciary.Mar 30, 2023

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift90% confidence

Lowering the threshold for enforcement

The bill introduces a specific 10-day threshold for defining a visa overstay violation, which creates a clear, quantifiable trigger for criminal and civil penalties.

Connected Entities

Barry Moore, Harriet Hageman, Lance Gooden and 6 more
PersonBarry Moore“Co-sponsor of the bill.”Map →
PersonHarriet Hageman“Co-sponsor of the bill.”Map →
PersonLance Gooden“Co-sponsor of the bill.”Map →
PersonMary Miller“Co-sponsor of the bill.”Map →
PersonNathaniel Moran“Primary sponsor of the bill.”Map →
PersonKeith Self“Co-sponsor of the bill.”Map →
PersonAndy Biggs“Co-sponsor of the bill.”Map →
otherImmigration and Nationality Act“The existing law being amended by this bill.”Map →
PersonDarrell Issa“Co-sponsor of the bill.”Map →

Sources

Open source document

www.congress.gov

Analysis Score

0–100
  • Significance75
    How much this matters to a regular citizen
  • Controversy85
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz30
    Current news / social attention level

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