[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1631 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1631

 To establish criminal penalties for aliens who fail to depart before 
                     the expiration of their visas.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 23 (legislative day, May 22), 2019

  Mr. Kennedy introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To establish criminal penalties for aliens who fail to depart before 
                     the expiration of their visas.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CRIMINAL PENALTIES FOR ALIENS WHO FAIL TO DEPART FROM THE 
              UNITED STATES BEFORE THE EXPIRATION OF THEIR VISAS.

    (a) In General.--Section 274D of the Immigration and Nationality 
Act (8 U.S.C. 1324d) is amended to read as follows:

``SEC. 274D. PENALTIES FOR FAILURE TO DEPART.

    ``(a) Prohibited Conduct.--It is unlawful for any alien who is 
subject to a final order of removal--
            ``(1) to willfully fail or refuse--
                    ``(A) to depart from the United States pursuant to 
                such order;
                    ``(B) to make a timely application in good faith 
                for travel or other documents necessary for departure; 
                or
                    ``(C) to present for removal at the time and place 
                required by the Secretary of Homeland Security; or
            ``(2) to conspire to or take any action designed to prevent 
        or hamper the alien's departure pursuant to such order.
    ``(b) Civil Penalties.--Any person who violates subsection (a) 
shall pay a civil penalty of not more than $500 to the Secretary of 
Homeland Security for each day the alien remains in violation of such 
subsection.
    ``(c) Criminal Penalties.--Any alien who is required to depart from 
the United States as a result of the expiration of the alien's visa and 
fails to depart the United States within the prescribed period shall be 
fined under title 18, United States Code, imprisoned for not more than 
1 year, or both.
    ``(d) Construction.--Nothing in this section shall be construed to 
diminish or qualify any penalties to which an alien may be subject for 
activities proscribed under section 243(a) or any other section of this 
Act.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 note) is amended by striking the 
item relating to section 274D and inserting the following:

``Sec. 274D. Penalties for failure to depart.''.
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