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Representative Jeff Duncan (R-SC-3) introduced H.R.90, “To amend the Immigration and Nationality Act to penalize aliens who overstay their visas, and for other purposes,” to the new Congress on January 4.

This legislation, if passed, would amend the 1952 Immigration and Nationality Act to criminalize visa overstays, with limited exceptions given on a case-by-case basis for medical necessity, public safety, and/or national security.

The bill also includes stiff penalties to prevent recidivist offenders, after an alien's first offense they can be charged with a misdemeanor and be given a ten-year visa bar and five-year admission bar. If an alien is caught overstaying their visa twice, they can be charged with a felony and given a permanent bar on admission and visas.

While much of the discussion of illegal immigration has been over border security, visa overstay is just as much part of the problem. Due to the nature of the issue itself, and the lack of a comprehensive entry/exit system, there is no definitive number of how many people have overstayed their visas.

Rep. Duncan's H.R.90 has six original cosponsors:

  • Rep. Brooks, Mo [R-AL-5]
  • Rep. Norman, Ralph [R-SC-5]
  • Rep. Budd, Ted [R-NC-13]
  • Rep. Weber, Randy K., Sr. [R-TX-14]
  • Rep. Gaetz, Matt [R-FL-1]
  • Rep. Williams, Roger [R-TX-25]

You can follow H.R.90 at Congress.gov.

Updated: Thu, Jan 21st 2021 @ 11:15am EST