Summary#
This bill would change section 275 of the Immigration and Nationality Act (8 U.S.C. 1325). It raises civil fines for illegal entry, links prior visa-overstay convictions to harsher illegal-entry penalties, and creates a new crime and civil-penalty scheme for nonimmigrant visa overstays.
Key changes in the bill text:
- Raises the civil fine in subsection (b) for illegal entry from the previous range of $50–$250 to $500–$1,000.
- Makes a prior conviction for a visa-overstay criminal offense under the new subsection (e)(2)(A) count when considering subsequent illegal-entry penalties in subsection (a).
- Adds subsection (e) "Visa Overstays," which defines a violation as a nonimmigrant who, for an aggregate of 10 days or more, fails to maintain the nonimmigrant status or otherwise comply with the conditions of that status (including the authorized period of stay).
- Specifies criminal penalties for visa overstays: for a first violation, a fine under title 18 or imprisonment up to 6 months, or both; for a later violation (or if the person was previously convicted under subsection (a)), a fine under title 18 or imprisonment up to 2 years, or both.
- Adds civil penalties for each visa-overstay violation of $500–$1,000, and doubles that amount if the person was previously subject to a civil penalty under this subsection or subsection (b).
What it means for you#
- If you are a nonimmigrant (for example, on a work, student, or tourist visa) and you stay beyond your authorized period of stay or break other conditions for a total of 10 days or more, the bill creates a criminal offense and civil fines that could apply to you.
- A first overstay may carry a fine or up to 6 months in jail; repeat overstays or prior related convictions can lead to penalties of up to 2 years in jail.
- People who enter the country unlawfully would face higher civil fines than before ($500–$1,000), and prior overstay convictions would be treated as aggravating for illegal-entry penalties.
Expenses#
No publicly available information on government spending or budgetary effects is included in the bill text or metadata provided.
The bill specifies monetary penalties for individuals:
- Illegal entry civil fine: not less than $500 and not more than $1,000 (replacing a prior $50–$250 range).
- Visa-overstay civil penalty: $500–$1,000 per violation, doubled if previously subject to a civil penalty under this subsection or subsection (b).
- Criminal penalties for visa overstays: first offense fined under title 18 or imprisoned not more than 6 months, or both; subsequent offense (or if previously convicted under subsection (a)) fined under title 18 or imprisoned not more than 2 years, or both.
Proponents' View#
No publicly available information.
Opponents' View#
No publicly available information.