WASHINGTON, D.C, – Today, Senator Jim Banks introduced the Visa Overstay Penalties Act. This legislation closes a dangerous loophole in U.S. immigration law by classifying visa overstays as a criminal offense—on par with illegal border crossings. The bill imposes up to six months of jail time for first-time offenders and up to two years for repeat offenders, while dramatically increasing civil fines from as little as $50 to up to $1,000, with penalties doubling for repeat violations. It ensures that unlawful presence is treated as the serious national security threat it is.
Senator Jim Banks (R-Ind.): “The Boulder terrorist and 9/11 hijackers didn’t sneak in, they overstayed 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.”
Key Provisions of the Visa Overstay Penalties Act are:
- Makes visa overstays a crime: Classifies overstaying a visa as “illegal entry” under federal law, closing a major national security loophole.
- Criminal penalties: Imposes up to 6 months in jail for a first offense and up to 2 years for repeat offenses.
- Higher civil fines: Raises penalties from as little as $50 to $500–$1,000, with fines doubling for repeat violators.
Full bill text can be found here.
Background:
On June 1, 2025, Mohamed Soliman, an Egyptian national, attacked a peaceful pro-Israel demonstration with Molotov cocktails in Boulder, Colorado while shouting “Free Palestine.” Soliman entered the United States on a tourist visa during the Biden administration and overstayed his permitted time in the country.
Visa overstays have also been exploited in the past by terrorists, including several of the 9/11 hijackers who remained in the U.S. after their visas expired.
According to the Department of Homeland Security, more than 565,000 individuals overstayed their visas in Fiscal Year 2023.
Read more about the bill here.