“A bill to amend section 275 of the Immigration and Nationality Act to expand penalties for illegal entry and unlawful presence.”
No CRS summary available for this bill.
This section amends penalties for improper entry into the United States under Section 275 of the Immigration and Nationality Act (INA) (8 U.S.C. 1325) as follows: (1) expands the triggers for the higher criminal penalty in subsection (a)—imprisonment not more than 2 years (from not more than 6 months) for a subsequent offense—to also include prior convictions under new subsection (e)(2)(A); (2) increases civil penalties in subsection (b) to not less than $500 and not more than $1,000 (from at least $50 and not more than $250) for a first improper entry or attempt, with twice that amount for an alien previously subject to a civil penalty under subsection (b) or new subsection (e)(2)(B); and (3) adds subsection (e) establishing criminal and civil penalties for visa overstays, defined as a nonimmigrant who fails to maintain status (including the authorized period of stay) or comply with status conditions for an aggregate of 10 days or more, with first offenses subject to a fine, imprisonment not more than 6 months, or both, and subsequent offenses or those with a prior subsection (a) conviction subject to a fine, imprisonment not more than 2 years, or both, plus civil penalties of not less than $500 and not more than $1,000 (doubled for prior penalties under subsection (b) or (e)(2)(B)). (Thus, prolonged visa overstays become punishable comparably to improper entries at undesignated times or places.)