I
118THCONGRESS
1
STSESSION H. R. 2436
To amend the Immigration and Nationality Act to expand penalties for
illegal entry and presence.
IN THE HOUSE OF REPRESENTATIVES
MARCH30, 2023
Mr. M
ORAN(for himself, Mr. ISSA, Mr. GOODENof Texas, Mr. MOOREof Ala-
bama, Ms. H
AGEMAN, Mrs. MILLERof Illinois, Mr. SELF, and Mr.
B
IGGS) introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To amend the Immigration and Nationality Act to expand
penalties for illegal entry and presence.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Visa Overstays Pen-4
alties Act’’. 5
SEC. 2. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR 6
PRESENCE. 7
Section 275 of the Immigration and Nationality Act 8
(8 U.S.C. 1325) is amended— 9
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(1) in subsection (a) by inserting after ‘‘for a 1
subsequent commission of any such offense’’ the fol-2
lowing: ‘‘or if the alien was previously convicted of 3
an offense under subsection (e)(1)’’; 4
(2) in subsection (b)— 5
(A) in paragraph (1), by striking ‘‘at least 6
$50 and not more than $250’’ and inserting ‘‘at 7
least $500 and not more than $1,000’’; and 8
(B) in paragraph (2), by inserting after 9
‘‘in the case of an alien who has been previously 10
subject to a civil penalty under this subsection’’ 11
the following: ‘‘or subsection (e)(2)’’; and 12
(3) by adding at the end the following: 13
‘‘(e) V
ISAOVERSTAYS.—Any alien who was admitted 14
as a nonimmigrant and who has failed to maintain the 15
nonimmigrant status in which the alien was admitted or 16
to which it was changed under section 248, or to comply 17
with the conditions of any such status, for an aggregate 18
of 10 days, has violated this subsection. An alien who has 19
violated this subsection— 20
‘‘(1) shall— 21
‘‘(A) for the first commission of such a vio-22
lation, be fined under title 18, United States 23
Code, or imprisoned not more than 6 months, 24
or both; and 25
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‘‘(B) for a subsequent commission of such 1
a violation or if the alien was previously con-2
victed of an offense under subsection (a), be 3
fined under such title 18, or imprisoned not 4
more than 2 years, or both; and 5
‘‘(2) in addition to, and not in lieu of, any pen-6
alty under paragraph (1) and any other criminal or 7
civil penalties that may be imposed, shall be subject 8
to a civil penalty of— 9
‘‘(A) at least $500 and not more than 10
$1,000 for each violation; or 11
‘‘(B) twice the amount specified in sub-12
paragraph (A) in the case of an alien who has 13
been previously subject to a civil penalty under 14
this subsection or subsection (b).’’. 15
Æ
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