Proposed U.S. bill would treat Visa overstays as criminal offense
The bipartisan bill proposes jail time and higher fines for visa overstays, sparking debate over national security and immigrant rights.
A new two-party bill in the U.S. Senate, sponsored by Republican Senator Jim Banks, tries to make visa overstays a criminal rather than a civil offense. The bill, which is the Visa Overstay Penalties Act, aims to make overstaying a visa equivalent to illegal entry, significantly enhancing the legal repercussions for immigrants who remain in the nation beyond permissible time.
Under the law, a first-time visa overstaying would be punishable by six months' maximum jail time. For repeat offenses, the penalty would be increased to a two-year maximum prison sentence. Overstaying a visa is currently regarded under the present law as a civil offense subject to a small fine, but the proposed bill suggests stricter penalties in order to deter others.
New Bill targets Visa overstays with jail time and higher fines
In addition to criminal sanctions, the bill would jump dramatically in civil fines from their current $50 to between $500 and $1,000, and higher for repeat offenders. This is part of a more aggressive stance for immigration enforcement proposed by lawmakers who claim that the current system cannot deal with the sheer scope of the issue.
Senator Banks defends the bill in terms of national security and refers to the following proposed measures:
- Federal criminalization of visa overstays
- 6 months imprisonment for first-time offenders
- 2 years prison time for repeat offenders
- Increased civil penalties from $500 to $1,000
- Increased punishments for repeat offenders
The banks used past instances of threats to national security, such as the Boulder Molotov cocktail attack and visa overstayers' involvement in the 9/11 terrorist attacks, as the justification for stricter enforcement.
Critics warn visa bill could violate rights and fuel deportations
However, the bill has angered immigrant rights activists and attorneys who argue that it mirrors drastic immigration policies in some European nations. The detractors argue that turning a civil offense into an offense could lead to forced deportations and violate due process guarantees for the undocumented.
The bill has been formally sponsored in the Senate and is under review by the Senate Judiciary Committee. While supporters argue that it would close a major immigration loophole and improve homeland security, opponents argue that it could fuel tensions and misery among immigrant groups across the country.
