Senator Jim Banks has proposed a new bill to make visa overstays a federal crime, equating them with illegal border crossings.
The legislation introduces jail time and hefty fines, aiming to tighten U.S. immigration enforcement and prevent potential threats linked to expired legal entries.
In a bold move to tighten U.S. immigration enforcement, Senator Jim Banks has unveiled a new bill that proposes to make visa overstays a federal offense, placing them on par with illegal border crossings in terms of legal consequences. The legislation, officially named the “Visa Overstay Penalties Act”, was introduced on Wednesday, June 4 and is expected to ignite a new round of debate in Congress over immigration policy and national security.
The proposed law aims to deter visa holders from remaining in the United States after their permits expire by imposing harsher criminal and civil penalties. According to the bill, first-time offenders could face up to six months in federal prison, while those who violate the terms of their stay more than once could receive prison sentences of up to two years.
In addition to potential jail time, individuals found guilty of overstaying their visas would face stiff financial penalties. Civil fines would start at $500 for a first offense and could double for every subsequent violation. This marks a significant increase from the current penalties, which typically begin at $50 and are largely considered insufficient as a deterrent.
Senator Banks cited recent violent incidents involving foreign nationals who entered the country legally but failed to leave after their visas expired as part of the motivation behind the bill. One such case involved Mohamed Soliman, an Egyptian citizen who allegedly carried out a Molotov cocktail attack during a pro-Israel rally in Boulder, Colorado. Soliman had reportedly entered the U.S. on a valid visa in 2023 but remained in the country illegally after it expired.
“This is about national security,” Banks told Fox News in a statement on Wednesday. “The Boulder terrorist and even the 9/11 hijackers didn’t sneak across the border. 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.”
The Indiana senator emphasized that the legislation seeks to close a longstanding loophole in the country’s immigration enforcement system one that he believes has allowed potentially dangerous individuals to slip through the cracks by simply staying in the country after their legal permission expired.
Historically, visa overstays have accounted for a significant percentage of the undocumented population in the U.S., but enforcement has largely focused on illegal border crossings. By reclassifying overstays as a federal criminal offense, Banks hopes to realign enforcement priorities and ensure that visa violations receive the same level of scrutiny and punishment as unlawful entry into the country.
However, the proposal is expected to face strong scrutiny from lawmakers and immigration advocacy groups, many of whom have long argued for a more compassionate approach to immigration reform. Critics may point out that harsh penalties could disproportionately affect nonviolent individuals, such as students or workers who inadvertently overstay their visas due to bureaucratic delays or misunderstandings.
Still, proponents of the bill argue that the potential threats to national security outweigh these concerns, especially in light of past incidents where visa overstayers were linked to acts of terrorism or violence.
As Congress prepares to debate the Visa Overstay Penalties Act, the legislation will likely reignite discussions around the broader issue of immigration control and how best to balance security needs with America’s long-standing tradition of welcoming lawful immigrants.
With rising concern over both border security and internal enforcement, Banks’ bill could serve as a litmus test for how far lawmakers are willing to go in redefining the legal landscape surrounding immigration in the United States.
