[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2631 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2631
To amend the Immigration and Nationality Act to criminalize unlawful
presence.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 9, 2013
Mr. Barletta introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Homeland Security, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to criminalize 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 Enforcement Act of
2013''.
SEC. 2. UNLAWFUL PRESENCE CRIMINALIZED.
The Immigration and Nationality Act is amended by inserting after
section 274D the following:
``SEC. 274E. UNLAWFUL PRESENCE.
``(a) In General.--Except as provided in subsection (b), any alien
who is unlawfully present in the United States for a period of 30
consecutive days shall be punished--
``(1) in the case of a first offense, as felony, by a fine
of not more than $10,000 or by imprisonment for not more than 1
year, or both; and
``(2) in the case of a subsequent offense, as a felony, by
a fine of not more than $15,000 or by imprisonment for not more
than 5 years, or both.
``(b) Exception.--If the Secretary of Homeland Security determines
that because of illness or any other extenuating circumstance the alien
has been unlawfully present, the alien shall not be subject to the
penalties under subsection (a).
``(c) Limitation on Reentry.--
``(1) First offenders.--Any alien convicted of a violation
of subsection (a)(1)--
``(A) may not be admitted to the United States for
a period of 5 years, beginning on the date of the
conviction; and
``(B) may not be granted a visa for a period of 10
years, beginning on the date of the conviction.
``(2) Subsequent offenses.--Any alien convicted of a
violation of subsection (a)(2)--
``(A) may not be admitted to the United States; and
``(B) may not be granted a visa.''.
SEC. 3. BIOMETRIC ENTRY AND EXIT SYSTEM.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the appropriate congressional committees a plan to implement,
immediately, a biometric exit capability using a person's fingerprints
at all land, sea, and air ports of entry under the US-VISIT program, in
accordance with the Enhanced Security and Visa Entry Reform Act of 2002
(Public Law 107-73).
(b) Contents of Plan.--The Secretary of Homeland Security shall
include the following requirements when developing the biometric plan:
(1) Leveraging of all biometric technologies.
(2) Utilization of biometric technologies used by the
United States Government in Iraq and Afghanistan.
(3) Establish collaborative relationships with airports and
the airlines.
(4) Allow for reliable reporting of visa overstay rates.
(5) Coordination of databases across the United States
Government including all databases maintained by the Department
of Homeland Security, the Department of Justice, and the
Department of State.
(6) Assessment of operational and funding requirements of
Department of Homeland Security components, specifically U.S.
Border Patrol, U.S. Customs and Border Protection and U.S.
Immigration and Customs Enforcement.
(7) Not later than 30 days after the date of enactment of
this Act, the Secretary shall establish plans for establishing
a pilot biometric exit project at a minimum of two land ports
of entry at the U.S.-Canada border and a minimum of four land
ports of entry at the U.S.-Mexico border.
(c) Biometric Entry and Exit Data System.--
(1) Airports.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security shall
establish the biometric entry and exit data system required by
section 7208 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1365b) at each airport that is
a port of entry to the United States.
(2) All ports of entry.--Not later than 2 years after the
date of enactment of this Act, the Secretary of Homeland
Security shall establish the biometric entry and exit data
system required by section 7208 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (8 U.S.C. 1365b) at all ports
of entry to the United States.
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