117 HR 6706 IH: Abolishing the Lottery and Immigration Enforcement Now Act of 2022
U.S. House of Representatives
2022-02-11
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EN
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I
117th CONGRESS
2d Session
H. R. 6706
IN THE HOUSE OF REPRESENTATIVES
February 11, 2022
Mr. Fallon (for himself, Mr. DesJarlais, Mr. Ellzey, Mr. Budd, Mr. Jackson, Mr. Posey, Mr. Higgins of Louisiana, Mr. Bishop of North Carolina, and Mr. Gosar) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to repeal the diversity visa lottery, and for other purposes.
1.

Short title
This Act may be cited as the “Abolishing the Lottery and Immigration Enforcement Now Act of 2022” or the “ALIEN Act of 2022”.
2.

Repeal of the diversity visa lottery
Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended—
(1)
in section 201(a)—
(A)
in paragraph (1), by adding “and” at the end;
(B)
in paragraph (2), by striking “; and” and inserting a period; and
(C)
by striking paragraph (3);
(2)
in section 203—
(A)
by striking subsection (c); and
(B)
in subsection (e)—
(i)
by striking paragraph (2); and
(ii)
by redesignating paragraph (3) as paragraph (2); and
(3)
in section 204(a)(1), by striking subparagraph (I).
3.

Penalties for overstaying a visa
(a)

In general
Chapter 8 of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by adding at the end the following new section:
“274E.

Penalties for overstay of visa
(a)

Prohibited conduct
It is unlawful for any alien to remain in the United States beyond the date on which such alien's visa or lawful status has expired.
(b)

Criminal penalties
Any alien who violates subsection (a) shall be fined under title 18, United States Code, and imprisoned for not more than 1 year, or both.
(c)

Civil penalties
(1)

In general
Any alien who violates subsection (a) shall pay a civil penalty of not more than $1000 per day to the Secretary of Homeland Security for each day the alien remains in violation of such subsection.
(2)

Immigration matters
(A)

Inadmissibility
Any alien who violates subsection (a) shall be—
(i)
inadmissible to enter the United States for five years from the date on which an alien is found to have violated subsection (a);
(ii)
ineligible for relief from removal for 10 years from the date on which an alien is found to have violated subsection (a); and
(iii)
ineligible to apply for legal permanent residency for 15 years from the date on which an alien is found to have violated subsection (a).
(3)

Two strikes with respect to overstay of visa
Any alien who violates subsection (a) shall be shall be removed from the United States. If such alien again enters the United States on a visa and is found to violate subsection (a), the alien shall be removed from the United States and is permanently inadmissible to the United States.
(d)

Rule of construction
Nothing in this section may be construed to diminish or qualify any other penalty for which an alien may be subject to for activities described under section 243(a), section 274D, or under 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 adding after the item relating to section 274D the following:
“Sec. 274E. Penalties for overstay of visa.”.
4.

Membership in particular social group
Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by inserting at the end the following new paragraph:
“(53)
The term “particular social group” means a group that is based on an immutable or fundamental characteristic, is defined with particularity, and is recognized as socially distinct from other members of society at question. Such a particular social group cannot be defined exclusively by the alleged persecutory acts or harm and must also have existed independently of the alleged persecutory acts or harm that forms the basis of the claim. The Secretary, in general, may not favorably adjudicate claims of aliens who claim a fear of persecution on account of membership in a particular social group consisting of or defined by the following circumstances—
(A)
past or present criminal activity or association (including gang membership);
(B)
presence in a country with generalized violence or a high crime rate;
(C)
being the subject of a recruitment effort by criminal, terrorist, or persecutory groups;
(D)
the targeting of the applicant for criminal activity for financial gain based on perceptions of wealth or affluence;
(E)
interpersonal disputes of which governmental authorities in the relevant society or region were unaware or uninvolved;
(F)
private criminal acts of which governmental authorities in the relevant society or region were unaware or uninvolved;
(G)
past or present terrorist activity or association;
(H)
past or present persecutory activity or association; or
(I)
status as an alien returning from the United States.”.
5.

Prohibition on inadmissibility waivers
Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182(a)) is amended—
(1)
in subsection (a)—
(A)
in paragraph (1), by striking subparagraph (B);
(B)
in paragraph (2), by striking subparagraph (F);
(C)
in paragraph (6)—
(i)
by striking subparagraph (C)(iii);
(ii)
by striking subparagraph (E)(iii); and
(iii)
by striking subparagraph (F) and inserting the following:
“(F)

Subject of civil penalty
An alien who is the subject of a final order for violation of section 274C is inadmissible.”;
(D)
in paragraph (7)—
(i)
by striking subparagraph (A)(ii); and
(ii)
by striking subparagraph (B)(ii); and
(E)
in paragraph (9), by striking subparagraph (B)(v); and
(2)
by striking subsection (h).