[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.
<all>