Sen Jim Banks proposes legislation to make overstaying a visa a federal crime

Senator Jim Banks has introduced legislation that would impose harsher penalties on individuals who overstay their visas, treating them as equivalent to illegal border crossings.

The proposed legislation would categorize overstaying a visa as “illegal entry,” similar to entering the country illegally. Under current law, the civil penalty for overstaying a visa starts at $50. Banks’ legislation would raise that amount to between $500 and $1,000 for a first offense, with fines doubling for each subsequent violation. 

The bill would also make visa overstaying a misdemeanor offense, carrying up to six months in jail for first-time violators and up to two years for repeat offenders.

According to data from the Department of Homeland Security, 565,000 individuals overstayed their visas during fiscal year 2023.

The proposal follows a recent attack in Boulder, Colorado, allegedly carried out by Mohamed Sabry Soliman, an Egyptian national who overstayed his US visa. Soliman is accused of targeting a peaceful pro-Israel demonstration over the weekend, attacking participants with Molotov cocktails and injuring several people. He has been charged with a federal hate crime, and the FBI has described the incident as a “targeted terror attack.”

Soliman reportedly entered the United States two years ago on a work visa under the Biden administration. 

In a statement reported by Fox News, Banks pointed to Soliman’s attack and the September 11 hijackers as evidence of the national security risks involved in not properly punishing those who overstay their visas.

"The Boulder terrorist and 9/11 hijackers didn’t sneak in, they overstayed visas," Banks said. "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."