United States 116th Congress Status: In Committee 1 R cosponsors

S 1631 — A bill to establish criminal penalties for aliens who fail to depart before the expiration of their visas.

Last action — Read twice and referred to the Committee on the Judiciary.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

This bill provides for criminal penalties for an alien who stays in the United States after the expiration of the alien's visa. Such an alien shall be criminally fined, imprisoned for up to one year, or both.

Bill Text

How this bill changes current law

7 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends existing law to establish criminal penalties for aliens who fail to depart the United States before their visa expiration.

  • 8 U.S.C. § 1324d

    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.

    Replaces the previous heading with a new title reflecting the focus on penalties for failure to depart.

  • 8 U.S.C. § 1324d

    (a) In generalAny alien subject to a final order of removal who— → (a) Prohibited Conduct.--It is unlawful for any alien who is subject to a final order of removal--

    Rephrases the introductory sentence for clarity and structure.

  • 8 U.S.C. § 1324d

    shall pay a civil penalty of not more than $500 to the Commissioner for each day the alien is in violation of this section. → 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.

    Changes the penalty recipient from the Commissioner to the Secretary of Homeland Security.

  • 8 U.S.C. § 1324d

    (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.

    Introduces new criminal penalties for aliens who do not depart after visa expiration.

  • 8 U.S.C. § 1324d

    the Attorney General → the Secretary of Homeland Security

    Changes the responsible official from the Attorney General to the Secretary of Homeland Security.

  • 8 U.S.C. § 1324d

    (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.

    Clarifies that this section does not affect other penalties applicable to aliens.

  • 8 U.S.C. § 1101 note

    Sec. 274D. Penalties for failure to depart. → Sec. 274D. Penalties for failure to depart.

    Updates the table of contents item for section 274D to reflect the new heading.

Action History

  1. Introduced in Senate

  2. Read twice and referred to the Committee on the Judiciary.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety immigration
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does S 1631 do?
This bill provides for criminal penalties for an alien who stays in the United States after the expiration of the alien's visa. Such an alien shall be criminally fined, imprisoned for up to one year, or both.
Who sponsors S 1631?
S 1631 is sponsored by Kennedy, John (Republican).
What is the current status of S 1631?
This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 1631?
Track S 1631 free on One Click Politics — get push/email alerts when it moves.

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