S. 4546
ASSIMILATION Act
Sponsor: Tommy Tuberville · 0 cosponsors
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Text of the bill
I Findings, purposes, definitions, and standards
II Immigrant and nonimmigrant classifications
III Admission, inadmissibility, sponsorship, and administrative authority
(a) Voiding nonimmigrant visas that have expired or for noncompliance. Section 222(g) of the Immigration and Nationality Act (8 U.S.C. 1202(g)) is amended to read as follows:
(g)
(1) The nonimmigrant visa of an alien who has been admitted to the United States shall be void beginning on the date (excluding any period tolled under section 212(a)(9)(B)(iv)) that is 10 days after—
(A) the last day of such alien's authorized period of stay under such visa; or
(B) the date on which U.S. Immigration and Customs Enforcement determines such alien—
(i) has materially failed to maintain the nonimmigrant status in which such alien was admitted or to which it was changed under section 248; or
(ii) has materially fails to comply with the conditions of such status.
(2) An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant, except—
(A) on the basis of a visa (other than the visa described in paragraph (1)) issued in a consular office located in the country of the alien’s nationality (or, if there is no office in such country, in such other consular office as the Secretary of State shall specify); or
(B) if the Secretary of State determines the existence of extraordinary circumstances justifying such readmission.
(3) The provisions of this subsection are in addition to, and not in lieu of, any ground of inadmissibility or deportability or any criminal or civil penalty otherwise provided by law.
(b) Overstay offense and penalties. Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) is amended—
(1) in subsection (a), by inserting or if the alien was previously convicted of an offense under subsection (e)(2)(A) after for a subsequent commission of any such offense;
(2) in subsection (b)—
(A) in paragraph (1), by striking at least $50 and not more than $250 and inserting not less than $500 and not more than $1,000; and
(B) in paragraph (2), by inserting or subsection (e)(2)(B) after under this subsection; and
(3) by adding at the end the following:
(e)
(1) An alien who was admitted as a nonimmigrant violates this subsection if the alien, for an aggregate of 10 days or more (excluding any period tolled under section 212(a)(9)(B)(iv))—
(A) remains in the United States beyond the period of stay authorized by the Secretary of Homeland Security; or
(B) materially fails to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 248, or materially fails otherwise to comply with the conditions of such status.
(2) An alien who violates paragraph (1)—
(A) shall—
(i) for the first commission of such violation, be fined under title 18, United States Code, imprisoned for not more than 6 months, or both; and
(ii) for a subsequent commission of such violation, or if the alien was previously convicted of an offense under subsection (a), be fined under such title 18, imprisoned not more than 2 years, or both; and
(B) in addition to any penalty assessed under subparagraph (A) and any other criminal or civil penalties that otherwise may be imposed, shall be subject to a civil penalty of—
(i) not less than $500 and not more than $1,000 for each violation; or
(ii) twice the amount specified in clause (i), in the case of an alien who has been previously subject to a civil penalty under this subparagraph or subsection (b).
IV Naturalization and citizenship
V Asylum, inspection, detention, and unaccompanied alien children
VI Employment eligibility verification and labor protections
VII Conforming amendments; reports; effective dates; applicability; severability