US Senator Proposes Bill to Criminalise Visa Overstays with Up to Two Years’ Jail

U.S. Senator Jim Banks has introduced a new bill aimed at making visa overstays a federal offence, proposing criminal penalties similar to those imposed on individuals who enter the country illegally. Titled the Visa Overstay Penalties Act, the legislation would punish first-time offenders with up to six months in jail, while repeat offenders could face up to two years in prison. It also outlines stricter civil penalties starting at \$500 to \$1,000, doubling with each offence—far exceeding the current starting fine of just \$50.

Banks cited national security concerns as the driving force behind the bill. Speaking to Fox News, he said, “This is about national security. 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.”

The senator’s renewed push follows last weekend’s Molotov cocktail attack in Boulder, Colorado, during a pro-Israel protest. The incident left eight people aged between 52 and 88 injured. The suspect, Mohamed Sabry Soliman, an Egyptian citizen who arrived in the U.S. in 2023, allegedly remained in the country after his visa expired. Authorities say he targeted demonstrators calling for the release of Israeli hostages held by Hamas.

Banks pointed to both the Boulder incident and the 9/11 attacks as examples of how expired visas can pose security threats. His proposed legislation seeks to close what he sees as a critical loophole in the U.S. immigration enforcement system.