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Senator Banks Proposes Criminal Penalties for Visa Overstays After Boulder Attack

Under the proposal, visa overstays become misdemeanors punishable by jail time, fines, stricter enforcement measures.

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WASHINGTON, DC - JUNE 08: U.S. Rep. Jim Banks (R-IN) speaks at a press conference following a Republican caucus meeting at the U.S. Capitol on June 08, 2022 in Washington, DC. The group of lawmakers spoke out against the January 6 Committee hearings that begin tomorrow and also called on gun reform legislation that focuses on hardening schools, providing mental health resources and improving threat assessment measures. (Photo by Kevin Dietsch/Getty Images)
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Overview

  • Sen. Jim Banks introduced the Visa Overstay Penalties Act on June 3, 2025, to reclassify visa overstaying as a federal misdemeanor offense.
  • The bill would impose up to six months in jail for first-time overstayers, up to two years for repeat violators and civil fines starting at $500.
  • Banks cited the June 1 Boulder, Colorado, terror attack by Mohamed Sabry Soliman—an Egyptian national who overstayed his visa—as the impetus for the legislation.
  • The proposal references the 9/11 hijackers as historical examples of visa overstayers who posed national security threats.
  • Department of Homeland Security data show over 565,000 visa overstays in fiscal year 2023 and estimate 11 to 22 million overstayers currently in the U.S.