[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2656 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2656

      To require aliens seeking admission to the United States as 
nonimmigrants to pay a bond or cash payment and to impose penalties on 
such aliens who fail to timely depart the United States, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2023

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

_______________________________________________________________________

                                 A BILL


 
      To require aliens seeking admission to the United States as 
nonimmigrants to pay a bond or cash payment and to impose penalties on 
such aliens who fail to timely depart the United States, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Timely Departure Act''.

SEC. 2. VISA OVERSTAY BONDS AND PENALTIES.

    (a) Definitions.--In this Act:
            (1) In general.--A term used in this section that is used 
        in the immigration laws shall have the meaning given such term 
        in the immigration laws.
            (2) Immigration laws.--The term ``immigration laws'' has 
        the meaning given such term under section 101(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)).
    (b) Nonimmigrant Bonds.--
            (1) Admission contingent on posting of bond.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an alien seeking admission to the United States as 
                a nonimmigrant shall pay a bond or cash payment in an 
                amount not less than $5,000 and not more than $15,000 
                to help ensure that the alien departs the United States 
                before the date on which his or her period of stay 
                authorized by the Secretary of Homeland Security in 
                connection with such status expires.
                    (B) Nonapplicability to certain aliens.--
                Subparagraph (A) shall not apply to any alien who--
                            (i) is present in the United States 
                        pursuant to a nonimmigrant visa issued under 
                        subparagraph (A), (C), (G), (P)(i), (T), or (U) 
                        of section 101(a)(15) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(a)(15)); or
                            (ii) is a national of a program country for 
                        purposes of the visa waiver program under 
                        section 217 of the Immigration and Nationality 
                        Act (8 U.S.C. 1187).
            (2) Automatic and nonappealable forfeiture.--
                    (A) In general.--In the case of a nonimmigrant who 
                has paid a bond or cash payment under paragraph (1) who 
                fails to depart the United States before midnight 
                (Pacific Time) on the date on which his or her 
                authorized period of stay expires, such bond or cash 
                payment shall be forfeited without the opportunity for 
                appeal or review.
                    (B) Offsetting account.--A forfeited bond or cash 
                payment under this paragraph shall be deposited in an 
                offsetting account under the jurisdiction of the 
                Secretary of Homeland Security, to be known as the 
                ``Immigration Detention and Enforcement Account'', and 
                the amounts deposited into such account shall be used 
                solely for purposes of funding alien detention 
                facilities and international transportation for aliens 
                ordered removed from the United States.
            (3) Removal and immigration penalty.--An alien whose bond 
        or cash payment is forfeited under paragraph (2) shall be--
                    (A) promptly removed from the United States; and
                    (B) for a period not less than 4 years and not more 
                than 12 years beginning on the date of such forfeiture, 
                ineligible for any lawful immigration status or 
                adjustment of status under the immigration laws.
    (c) Limitation on Asylum and Withholding of Removal Claims.--
            (1) In general.--An alien present in the United States 
        pursuant to admission as a nonimmigrant who intends to seek 
        asylum or withholding of removal in the United States shall 
        submit an application for asylum or withholding of removal 
        before midnight (Pacific Time) on the date on which his or her 
        authorized period of stay in connection with nonimmigrant 
        status expires.
            (2) Consequence of failure to timely depart.--An alien 
        described in paragraph (1) who fails to depart the United 
        States before midnight (Pacific Time) on the date on which his 
        or her authorized period of stay expires and who has not 
        submitted an application for asylum or withholding of removal 
        shall be ineligible to submit such an application after such 
        date.
    (d) Regulations.--
            (1) In general.--In implementing this section, the 
        Secretary of Homeland Security may only issue regulations or 
        policy guidance with respect to--
                    (A) the collection and retention of bonds and cash 
                payments;
                    (B) the notification of the Attorney General with 
                respect to the failure of an alien to timely depart the 
                United States before midnight (Pacific Time) on the 
                date on which his or her authorized period of stay in 
                connection with nonimmigrant status expires; and
                    (C) the prevention of the circumvention of the 
                requirement to pay a bond or cash payment under 
                subsection (b)(1).
            (2) Prohibition.--The Secretary of Homeland Security shall 
        not waive or nullify any requirement of this section, whether 
        by rulemaking, order, or other action.
    (e) Effective Date.--This section shall take effect on the date 
that is 30 days after the date of the enactment of this Act.
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