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US Senator proposes bill to criminalise visa overstays

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June 5, 2025
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United States Senator, Jim Banks, on Wednesday, introduced a new legislative proposal bill that would classify visa overstays as a federal offence, carrying penalties similar to those imposed on illegal border crossings.

The bill, titled the Visa Overstay Penalties Act, aims to bolster national security by imposing harsher consequences for individuals who remain in the country beyond the validity of their visas.

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Under the proposed legislation, first-time offenders would spend up to six months in jail, while repeat offenders could be sentenced to as much as two years behind bars.

In addition to jail time, civil penalties would start at $500 and could double with each subsequent violation.

Current penalties for visa overstay typically begin at $50.

Banks cited recent violent incidents, including the Molotov cocktail attack at a pro-Israel rally in Boulder, Colorado, as part of the impetus for the bill.

The main suspect in that case, Mohamed Soliman, an Egyptian national, reportedly entered the US legally in 2023 but failed to leave after his visa expired.

“This is about national security. The Boulder terrorist and 9/11 hijackers didn’t sneak in. They overstayed visas.

“That’s just as serious and just as dangerous. My bill cracks down on visa overstays with criminal penalties to stop threats before they happen,” Banks said in a statement to Fox News on Wednesday.

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The bill seeks to close what Banks describes as a critical loophole in immigration enforcement, referencing past incidents where individuals involved in terrorism had entered the country legally but overstayed their visas.

The proposed law is expected to spark debate on Capitol Hill, particularly among lawmakers concerned about balancing security with immigration reform.

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