Senator Jim Banks Proposes Bill to Criminalize Visa Overstays

Senator Jim Banks has introduced the Visa Overstay Penalties Act, a bill that would classify overstaying a visa as a federal crime equivalent to illegal border crossing, with penalties including up to six months in jail for first-time offenders and up to two years for repeat offenders, alongside significant civil fines starting at $500. The legislation is motivated by national security concerns, citing incidents such as the June 2025 Molotov cocktail attack at a pro-Israel rally in Boulder, Colorado, perpetrated by Egyptian national Mohamed Soliman who legally entered the U.S. but overstayed his visa. Banks and supporters argue that visa overstays have historically been exploited by terrorists, including the 9/11 hijackers, and that criminalizing overstays will help prevent future threats. The bill aims to close a critical enforcement loophole by treating unlawful presence as a serious offense, reflecting data that over 565,000 individuals overstayed their visas in fiscal year 2023. The proposal is expected to ignite debate on Capitol Hill over balancing immigration reform with national security imperatives. Banks emphasizes that the legislation seeks to stop threats before they happen by imposing harsher penalties on visa overstays.