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119-s-1937119th Congress

Visa Overstay Penalties Act of 2025

Sponsored By: Senator Banks, Jim [R-IN]

Introduced

Summary

Expands penalties for visa overstays. The bill would create a new "Visa Overstays" rule that makes failing to maintain authorized nonimmigrant status a violation and adds higher civil and criminal penalties for those who overstay or break status conditions.

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  • Nonimmigrant visa holders who fail to maintain status for an aggregate of 10 days or more would be in violation and face civil fines of $500 to $1,000 per violation.
  • Aliens with prior immigration convictions or earlier civil penalties could face enhanced enforcement and harsher penalties, including doubled civil fines for repeat violations.
  • Federal prosecutors and courts would have new criminal penalties to apply for overstays, including fines under federal criminal law and imprisonment up to 6 months for a first offense and up to 2 years for later offenses.

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Bill Overview

Analyzed Economic Effects

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

Higher fines and jail for visa overstays

If enacted, this bill would make an "overstay" occur when a nonimmigrant is out of status for an aggregate of 10 days or more. You would face a civil fine of $500 to $1,000 for each overstay violation. If you were previously fined under this rule, the fine for later violations would be doubled. Civil fines would apply in addition to any criminal penalties or other penalties. The bill would also create criminal penalties: a first overstay offense could bring up to 6 months in jail or a federal fine. A later overstay, or if you have a prior qualifying conviction, could bring up to 2 years in jail or a federal fine. The bill would also let a prior conviction for the new overstay crime count as a prior offense that triggers tougher penalties for illegal entry.

Sponsors & CoSponsors

Sponsor

Banks, Jim [R-IN]

IN • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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