A US Senator has introduced a bill that seeks to criminalise visa overstays, aiming to close a major loophole in immigration law and strengthen national security.
Senator Jim Banks recently unveiled the Visa Overstay Penalties Act, which would reclassify overstaying a visa as a federal crime, comparable to illegal entry at the border. Under the proposed legislation, first-time offenders could face up to six months in prison, while repeat offenders may be sentenced to up to two years. Civil fines would start at $500, doubling with subsequent violations.
Border security is national security first and foremost.
Under current law, the federal government can levy minor immigration-related penalties against such visa overstayers, but not criminal penalties.
That’s why we need my Visas Overstay Penalties Act passed into law,… https://t.co/S9NoEXruL7
— Senator Jim Banks (@SenatorBanks) June 4, 2025
Addressing the importance of the bill, Senator Banks said, “Visa overstays pose a serious threat to our national security. Individuals who enter legally but remain unlawfully can exploit this loophole, as evidenced by the 9/11 hijackers and the recent attack in Boulder, Colorado.”
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The bill reflects growing concerns among federal agencies about visa overstays. Secretary of Homeland Security Kristi Noem has directed relevant agencies, including Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE), to increase efforts to identify and address individuals who overstay their visas.
“This legislation represents a vital step towards ensuring the integrity of US immigration laws and protecting the safety of our communities,” Senator Banks added.
The Visa Overstay Penalties Act forms part of wider legislative efforts aimed at reforming immigration policies and tightening enforcement. However, it is expected to spark debate on balancing security measures with the rights of those who overstay their visas.
Stakeholders from legal, civil rights, and immigration advocacy groups are likely to engage in discussions as the bill proceeds through Congress.
