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Read. Follow. Verify.Visa Overstays Penalties Act (H.R. 2436)
Last action · March 30, 2023: Referred to the House Committee on the Judiciary.Sponsor: Nathaniel Moran
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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.
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.
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.
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.
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- 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?
What are the potential criminal penalties for a first-time overstay?
Does this bill replace existing immigration penalties?
What else do you want to know?
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Votes, people, money & the original sourceWhere This Stands
Currently in committee. The next step in the legislative lifecycle is Floor Vote.
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.
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Discoveries
Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.
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
Sources
www.congress.gov
Analysis Score
0–100- Significance75How much this matters to a regular citizen
- Controversy85Intensity of disagreement among stakeholders
- Entertainment10Compellingness for a non-policy-wonk reader
- Buzz30Current news / social attention level
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