Should Visa Overstays Be Criminalized? (H.R. 147)

What is H.R. 147?

(Updated December 1, 2019)

This bill would amend the Immigration and Nationality Act to criminalize visa overstays. It’d make the first visa overstay punishable by a fine or imprisonment for no more than 60 days, and subsequent overstays punishable by a fine or imprisonment for up to two years. The Dept. of Homeland Security (DHS) would have discretion to determine exceptions to these cases for individuals who overstayed their visas due to medical necessity, public safety, or national security considerations.

Any foreign national convicted of overstaying their visa would be subject to entry limits. For first-time offenders, they couldn’t be admitted to the U.S. for five years, beginning on the date of their conviction for overstaying their visa, and couldn’t be granted a visa for a period of 10 years beginning on the date of the conviction. For subsequent offenses, they’d be banned from entering the U.S. or being granted a visa for life.

Argument in favor

Visa overstays are the main source of illegal immigration into the U.S. and it’s important to ensure that there is a deterrent and punishment for this form of illegal entry into the country.

Argument opposed

The punishments imposed by this bill are unnecessarily harsh, especially given that many visa overstayers eventually leave the U.S. of their own accord without the threat of punishment.

Impact

Visa overstayers; and DHS.

Cost of H.R. 147

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Rep. Jeff Duncan (R-SC) reintroduced this bill from the 115th Congress to introduce mechanisms tracking immigrants who overstayed their visas:

“Illegal immigration is not just an issue at our borders, but it is an issue all across our nation. If you cross the border illegally, you have broken our laws. If you overstay your visa and remain in our country illegally, you have also broken our trust. Roughly half of illegal immigrants in the United States are visa overstays, so this bill will ensure we have the proper mechanisms in place to crack down on this deceptive behavior.”

In the 116th Congress, this bill has 10 cosponsors, all of whom are Republicans. In the previous Congress, it was sponsored by Rep. Lou Barletta (R-PA) with the support of six cosponsors, all of whom were Republicans, and the support of NumbersUSA.

Of Note: Customs and Border Patrol (CBP) estimates that nearly 740,000 people overstayed their visas at some point in fiscal year 2016. At the end of that fiscal year, nearly 630,000 of those overstays remained in the country. By January 2017, 544,000 overstays from FY 2016 were suspected of remaining in the U.S. — for comparison, only 310,000 individuals were apprehended at the southern border in 2016.

Media:

• Sponsoring Rep. Jeff Duncan (R-SC) Press Release

• NumbersUSA (In Favor)

• House Subcommittee on Border and Maritime Security Hearing on Visa Overstays (Context)