Rampant visa overstays are incompatible with a lawful, America First immigration system. Reps. Nathaniel Moran (R-TX) and Randy Fine (R-FL) are introducing a bill to eliminate them, Breitbart News has learned exclusively.
The pair reintroduced the Visa Overstays Penalties Act Thursday to close immigration loopholes and hold accountable those who abuse the legal entry system by illegally extending their stay in the United States.
The visa overstay threat was freshly illustrated by the recent terrorist attack in Boulder, Colorado. Suspect Mohamed Sabry Soliman is reportedly an illegal alien who overstayed his visa after entering the United States under the Biden administration.
The terrorist used a makeshift flamethrower and an incendiary device to burn multiple victims at an event in support of Israel.
“East Texans understand that illegal immigration doesn’t stop at the border,” Moran said in a statement to Breitbart. “Thousands have entered the U.S. legally, only to overstay their visas and remain here unlawfully. This bill reclassifies visa overstays as ‘illegal entry’ and imposes serious penalties to help restore law and order.”
Moran and Fine’s legislation would impose up to six months of jail time for first-time offenders and civil fines starting at $500, doubling with each subsequent violation.
The sponsors hope their legislation will drive home the fact that overstaying a visa is a criminal act while reinforcing the U.S. immigration system.
“The only place a foreigner should be the day their visa expires is on a plane out of our country,” Fine told Breitbart in a statement. “If you’re not, congratulations — you’re now a criminal alien. Being a criminal has consequences, and this bill adds teeth to existing immigration laws to deter and discourage foreign visitors from violating American law.”
Rep. August Pfluger, Chairman of the Republican Study Committee, pointed to Soliman to demonstrate the threats to Americans’ safety brought by visa overstays.
“In 2023, Mohamed Soliman overstayed his tourist visa but was never deported; two years later, he launched an antisemitic terrorist attack that maimed 15 innocent American citizens,” he said in a statement to Breitbart. “This man should have never even been in our country — and yet he was, because the Biden Administration refused to enforce our laws.”
Pfluger thanked Moran for reintroducing his bill from last Congress, adding the legislation would “guarantee that terrorists like Soliman are never again able to illegally remain in our country.”
The Visa Overstays Penalties Act was originally included as part of H.R. 2, the Secure the Border Act of 2023. That bill passed the House in the previous Congress but died in the Senate.
With a new Republican majority, the Republican congressmen hope the commonsense legislation has a chance at becoming law.
“This law makes preventable tragedies like the antisemitic Muslim terrorist attacks in Boulder less likely and makes our communities safer overall,” Fine added.
Visa overstays are not a new problem, with several 9/11 hijackers overstaying visas. But the Biden administration unleashed a new era in reckless border and migration lawlessness.
President Donald Trump has made historic progress in his second term in bringing forth a new era in border security. But legislation must be enacted to ensure continued progress after this administration.
“As we all know, the failed policies of the former Biden-Harris Administration turned every state into a border state,” Moran added. “We cannot allow that era of lawlessness to ever return. We must build on President Trump’s historic momentum to secure and protect our border. Visa overstays must carry real consequences — and this legislation delivers on restoring peace and justice.”
The Visa Overstays Penalties Act includes:
- Reclassification of Visa Overstays: Overstaying a visa for more than 10 days would be classified as “illegal entry,” aligning it with unauthorized border crossings.
- Criminal Penalties:
- First Offense: Up to six months of imprisonment.
- Subsequent Offenses: Up to two years of imprisonment.
- Civil Penalties:
- First Violation: Fines ranging from $500 to $1,000.
- Repeat Violations: Fines doubling from the initial amount.
Bradley Jaye is Deputy Political Editor for Breitbart News. Follow him on X/Twitter and Instagram @BradleyAJaye.
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