United States Senator Jim Banks introduced a new legislative proposal on Wednesday that would classify visa overstays as a federal offense, imposing penalties similar to those for illegal border crossings.
The bill, titled the Visa Overstay Penalties Act, aims to enhance national security by introducing stricter consequences for individuals who remain in the country beyond the validity of their visas.
Under the proposed legislation, first-time offenders could face up to six months in jail, while repeat offenders may be sentenced to as much as two years behind bars.
In addition to incarceration, civil penalties would start at $500 and could double with each subsequent violation. Current penalties for visa overstays 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 motivation for the bill. The main suspect in that case, Mohamed Soliman, an Egyptian national, reportedly entered the U.S. legally in 2023 but failed to leave after his visa expired.
“This is about national security. The Boulder terrorist and the 9/11 hijackers didn’t sneak in; they overstayed their 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.
The bill seeks to address what Banks describes as a critical loophole in immigration enforcement, referencing past incidents where individuals involved in terrorism entered the country legally but overstayed their visas.
The proposed law is expected to ignite debate on Capitol Hill, particularly among lawmakers concerned about balancing security with immigration reform.
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