“To amend the Immigration and Nationality Act to expand penalties for illegal entry and presence.”
No CRS summary available for this bill.
This section modifies criminal and civil penalties under INA §275(a) and (b) (8 U.S.C. 1325) for improper entry at undesignated times or places and adds subsection (e) establishing parallel penalties for visa overstays (i.e., nonimmigrants who fail to maintain status or comply with conditions for an aggregate of more than 10 days). Specifically, it (1) applies the enhanced criminal penalty in subsection (a)—imprisonment not more than 2 years (previously limited to subsequent offenses)—also if the alien was previously convicted under new subsection (e)(1); (2) increases civil penalties in subsection (b) to at least $500 and not more than $1,000 per entry or attempt (from $50-$250) and applies the doubled penalty also if previously penalized under new subsection (e)(2); and (3) in new subsection (e), imposes criminal penalties of a fine or imprisonment not more than 6 months for a first violation and not more than 2 years for subsequent violations or if previously convicted under subsection (a), plus civil penalties of at least $500 and not more than $1,000 per violation (doubled if previously penalized under subsection (e)(2) or (b)). (Thus, the amendments create reciprocal enhancements between improper entry and visa overstay offenses for both criminal and civil penalties.)