119-hr1837

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1837 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1837

 To require aliens seeking admission to the United States as 
nonimmigrants to pay a bond or cash payment and to impose penalties on 
such aliens who fail to timely depart the United States, and for other 
 purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 4, 2025

 Mr. Onder (for himself, Mr. Moore of Alabama, Mr. Nehls, Mr. Gill of 
Texas, Mr. Harris of Maryland, Mr. Haridopolos, and Mr. Harris of North 
 Carolina) introduced the following bill; which was referred to the 
 Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To require aliens seeking admission to the United States as 
nonimmigrants to pay a bond or cash payment and to impose penalties on 
such aliens who fail to timely depart the United States, and for other 
 purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Timely Departure Act''.

SEC. 2. VISA OVERSTAY BONDS AND PENALTIES.

    (a) 

=== Definitions. ===
-In this Act:

    (1) In general.--A term used in this section that is used 
 in the immigration laws shall have the meaning given such term 
 in the immigration laws.

    (2) Immigration laws.--The term ``immigration laws'' has 
 the meaning given such term under 

section 101

    (a) of the 
 Immigration and Nationality Act (8 U.S.C. 1101

    (a) ).

    (b) Nonimmigrant Bonds.--

    (1) Admission contingent on posting of bond.--
        (A) In general.--Except as provided in subparagraph
        (B) , an alien seeking admission to the United States as 
 a nonimmigrant shall pay a bond or cash payment in an 
 amount not less than $5,000 and not more than $50,000 
 to help ensure that the alien departs the United States 
 before the date on which his or her period of stay 
 authorized by the Secretary of Homeland Security in 
 connection with such status expires.
        (B) Nonapplicability to certain aliens.--
 Subparagraph
        (A) shall not apply to any alien who--
            (i) is present in the United States 
 pursuant to a nonimmigrant visa issued under 
 subparagraph
        (A) ,
            (C) ,
        (G) ,
        (P)
            (i) ,
        (T) , or
        (U) of 

section 101

    (a)

    (15) of the Immigration and 
 Nationality Act (8 U.S.C. 1101

    (a)

    (15) ); or
            (ii) is a national of a program country for 
 purposes of the visa waiver program under 
 

section 217 of the Immigration and Nationality 
 Act (8 U.S.C. 1187).

    (2) Automatic and nonappealable forfeiture.--
        (A) In general.--In the case of a nonimmigrant who 
 has paid a bond or cash payment under paragraph

    (1) who 
 fails to depart the United States before midnight 
 (Pacific Time) on the date on which his or her 
 authorized period of stay expires, such bond or cash 
 payment shall be forfeited without the opportunity for 
 appeal or review.
        (B) Offsetting account.--A forfeited bond or cash 
 payment under this paragraph shall be deposited in an 
 offsetting account under the jurisdiction of the 
 Secretary of Homeland Security, to be known as the 
 ``Immigration Detention and Enforcement Account'', and 
 the amounts deposited into such account shall be used 
 solely for purposes of funding alien detention 
 facilities and international transportation for aliens 
 ordered removed from the United States.

    (3) Removal and immigration penalty.--An alien whose bond 
 or cash payment is forfeited under paragraph

    (2) shall be--
        (A) promptly removed from the United States; and
        (B) for a period not less than 4 years and not more 
 than 12 years beginning on the date of such forfeiture, 
 ineligible for any lawful immigration status or 
 adjustment of status under the immigration laws.
            (c) Limitation on Asylum and Withholding of Removal Claims.--

    (1) In general.--An alien present in the United States 
 pursuant to admission as a nonimmigrant who intends to seek 
 asylum or withholding of removal in the United States shall 
 submit an application for asylum or withholding of removal 
 before midnight (Pacific Time) on the date on which his or her 
 authorized period of stay in connection with nonimmigrant 
 status expires.

    (2) Consequence of failure to timely depart.--An alien 
 described in paragraph

    (1) who fails to depart the United 
 States before midnight (Pacific Time) on the date on which his 
 or her authorized period of stay expires and who has not 
 submitted an application for asylum or withholding of removal 
 shall be ineligible to submit such an application after such 
 date.
            (d) Regulations.--

    (1) In general.--In implementing this section, the 
 Secretary of Homeland Security may only issue regulations or 
 policy guidance with respect to--
        (A) the collection and retention of bonds and cash 
 payments;
        (B) the notification of the Attorney General with 
 respect to the failure of an alien to timely depart the 
 United States before midnight (Pacific Time) on the 
 date on which his or her authorized period of stay in 
 connection with nonimmigrant status expires; and
            (C) the prevention of the circumvention of the 
 requirement to pay a bond or cash payment under 
 subsection

    (b)

    (1) .

    (2) Prohibition.--The Secretary of Homeland Security shall 
 not waive or nullify any requirement of this section, whether 
 by rulemaking, order, or other action.

    (e) Effective Date.--This section shall take effect on the date 
that is 30 days after the date of the enactment of this Act.
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