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119-hr-1837119th Congress

Timely Departure Act

Sponsored By: Representative Onder, Robert F. [R-MO-3]

Introduced

Summary

Would require most nonimmigrant applicants to post a $5,000 to $50,000 bond or cash payment to guarantee they depart before their authorized stay ends. It would make bonds automatically forfeited for overstays, bar late asylum filings by nonimmigrants, and direct forfeitures to fund detention and removal costs.

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  • Nonimmigrant applicants: Applicants would pay a bond between $5,000 and $50,000 to seek admission. If they overstay past midnight Pacific Time, the bond is forfeited, they are removed, and they are ineligible for lawful status or adjustment for 4 to 12 years.
  • Asylum seekers on nonimmigrant stays: Nonimmigrants who intend to seek asylum or withholding of removal would have to submit those applications before their authorized stay expires at midnight Pacific Time or lose the ability to apply afterward.
  • Exemptions: The bond requirement would not apply to persons in A, C, G, P(i), T, or U visa categories or to nationals of countries in the Visa Waiver Program.
  • Department of Homeland Security operations: Forfeited bonds would be deposited into an Immigration Detention and Enforcement Account to fund detention facilities and international transport for removed aliens. DHS could issue only narrow regulations on bond collection, notification to the Attorney General, and preventing circumvention and could not waive the section's requirements.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 2 costs, 1 mixed.

Big bond and penalties for visa overstays

If enacted, most nonimmigrant visitors would have to post a $5,000–$50,000 bond. Diplomats (A), transit (C), international organization (G), certain performers (P(i)), and T or U visa holders, and nationals of visa waiver countries would be exempt. If you overstay past midnight Pacific Time on the day your authorized stay ends, the bond would be kept with no appeal. Forfeited money would go to a DHS account for detention facilities and removal flights. If your bond is forfeited, you would be promptly removed and barred from lawful status for 4 to 12 years. These rules would start 30 days after enactment.

File asylum by visa end date

If enacted, a nonimmigrant who wants asylum or withholding would need to file by midnight Pacific Time on the day their authorized stay ends. If you do not leave by that time and did not file, you would be blocked from applying after that date. This could limit options for people who wait. The rule would start 30 days after enactment.

Limits on DHS bond rulemaking

If enacted, DHS would only be able to issue rules about collecting and holding bonds, notifying the Attorney General about late departures, and stopping bond evasion. DHS would not be allowed to waive or cancel any requirement in this section. These limits would start 30 days after enactment.

Sponsors & CoSponsors

Sponsor

Onder, Robert F. [R-MO-3]

MO • R

Cosponsors

  • Rep. Moore, Barry [R-AL-1]

    AL • R

    Sponsored 3/4/2025

  • Rep. Nehls, Troy E. [R-TX-22]

    TX • R

    Sponsored 3/4/2025

  • Rep. Gill, Brandon [R-TX-26]

    TX • R

    Sponsored 3/4/2025

  • Rep. Harris, Andy [R-MD-1]

    MD • R

    Sponsored 3/4/2025

  • Rep. Haridopolos, Mike [R-FL-8]

    FL • R

    Sponsored 3/4/2025

  • Rep. Harris, Mark [R-NC-8]

    NC • R

    Sponsored 3/4/2025

  • Rep. Brecheen, Josh [R-OK-2]

    OK • R

    Sponsored 11/19/2025

Roll Call Votes

No roll call votes available for this bill.

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