119-s1937

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1937 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1937

 To amend 

section 275 of the Immigration and Nationality Act to expand 
 penalties for illegal entry and unlawful presence.

_______________________________________________________________________

 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.

 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 ``Visa Overstay Penalties Act of 
2025''.

SEC. 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) .''.
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