[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7822 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7822
To amend the Immigration and Nationality Act with respect to visa
overstays.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 26, 2024
Mr. Tony Gonzales of Texas introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committee on Foreign Affairs, 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 with respect to visa
overstays.
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 Integrity Act of 2024''.
SEC. 2. VISA OVERSTAYS CRIMINALIZED.
(a) In General.--Section 275 of the Immigration and Nationality Act
(8 U.S.C. 1325) is amended--
(1) in subsection (a) by inserting after ``for a subsequent
commission of any such offense'' the following: ``or if the
alien was previously convicted of an offense under subsection
(e)'';
(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'';
(B) in paragraph (2), by inserting after ``in the
case of an alien who has been previously subject to a
civil penalty under this subsection'' the following:
``or subsection (e)''; and
(C) by adding at the end the following:
``(e) An alien who was admitted as a nonimmigrant for an aggregate
of 10 days or more who has failed to (1) maintain such nonimmigrant
status, or a change in classification of nonimmigrant status under
section 248, including complying with the period of stay authorized by
the Secretary of Homeland Security in connection with such status, or
(2) comply otherwise with the conditions of such nonimmigrant status,
shall 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, 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.
``(f) An alien in violation of this subsection (e) shall be subject
to a civil penalty of (1) not less than $500 and not more than $1,000
for each violation, or (2) twice the amount specified under paragraph
(1) in the case of an alien who has been previously subject to a civil
penalty under subsection (a) or (e). A civil penalty under this
subsection shall be in addition to, and not in lieu of, any criminal or
other civil penalties that may be imposed.
``(g) If the Secretary of Homeland Security determines on an
individual case-by-case basis that, because of reasons of a medical
necessity, public safety, or national security, the alien violated
subsection (e), the alien shall not be subject to the penalties under
subsection (e).
``(h) In the case of any application or petition by or on behalf of
an alien for admission to the United States, the Secretary of State or
the Secretary of Homeland Security, as applicable, shall provide the
alien with notice of the penalties under this section on receipt of the
application or petition, and again at the time of admission.''.
(b) Negotiations by Secretary of Homeland Security.--Not later than
one year after the date of the enactment of this Act, the Secretary of
Homeland Security shall seek to negotiate agreements, accords, or
memoranda of understanding between the United States and Mexico to--
(1) require the sharing of relevant, reliable, and accurate
information within the legal and privacy regimes of both
countries, such as information contained on biographic and
biometric national security watchlists, certain traveler
criminal history records, and immigration violations; and
(2) requiring the sharing of entry data at the land border
such that the entry information from one country could
constitute the exit information from another through an
integrated entry and exit system.
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