Text: H.R.147 — 116th Congress (2019-2020)All Information (Except Text)

There is one version of the bill.

Text available as:

Shown Here:
Introduced in House (01/03/2019)


116th CONGRESS
1st Session
H. R. 147


To amend the Immigration and Nationality Act to penalize aliens who overstay their visas, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

January 3, 2019

Mr. Duncan (for himself, Mr. Gosar, Mr. Brooks of Alabama, Mr. Norman, Mr. King of Iowa, Mr. Hice of Georgia, Mr. Posey, Mr. Meadows, and Mr. Weber of Texas) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To amend the Immigration and Nationality Act to penalize aliens who overstay their visas, 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 “Visa Overstay Enforcement Act of 2019”.

SEC. 2. Visa overstays criminalized.

(a) In general.—The Immigration and Nationality Act is amended by inserting after section 274D the following:

“SEC. 274E. Visa overstays.

“(a) In general.—Except as provided in subsection (b), any alien who remains in the United States for any period of time after the date on which any visa or status under which the alien is lawfully present has expired shall—

“(1) for the first commission of any such offense, be fined under title 18, United States Code, or imprisoned no more than 6 months, or both; and

“(2) for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years, or both.

“(b) Exception.—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 (a), 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.

“(d) Disclosure of penalties.—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 shall provide the alien with notice of the penalties under this section and section 275 on receipt of the application or petition, and again at the time of admission.”.

(b) Clerical amendment.—The table of contents of the Immigration and Nationality Act is amended by inserting after the item relating to section 274D the following:


“274E. Visa overstays.”.