A new congressional bill seeks to criminalize visa overstays with jail time after an Egyptian national on an expired visa launched a firebombing attack against pro-Israel demonstrators in Boulder, Colorado.
At a Glance
- Representatives Nathaniel Moran (R-TX) and Randy Fine (R-FL) introduced the Visa Overstays Penalties Act following the Boulder terrorist attack
- The legislation reclassifies visa overstays as “illegal entry” with penalties including up to six months imprisonment for first offenses
- Mohammed Sabry Soliman, who overstayed his visa since 2022, faces federal hate crime charges after allegedly setting fire to 15 victmins
- Federal agencies including ICE, CBP, and USCIS are launching coordinated efforts to crack down on visa overstays
- The bill was previously part of the 2023 Secure the Border Act that passed the House but stalled in the Senate
Boulder Attack Exposes Visa Enforcement Gaps
Federal authorities are intensifying efforts to address visa overstays following a terrorist attack in Boulder, Colorado, where a man who had overstayed his visa allegedly firebombed a demonstration supporting Israeli hostages. The attack injured 15 people and a dog. Mohammed Sabry Soliman, an Egyptian national who had remained in the United States illegally since his visa expired in 2022, was arrested and now faces federal hate crime charges along with multiple state felony counts.
U.S. Customs and Border Protection, Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services have announced a coordinated initiative to identify and process visa overstayers. The crackdown represents a significant shift in immigration enforcement priorities, with federal officials emphasizing that visa violations will be treated with increased severity following the Boulder incident, which officials have categorized as a domestic terrorism event.
Legislation Aims to Close Immigration Loopholes
In response to the attack, Representatives Nathaniel Moran and Randy Fine have introduced the Visa Overstays Penalties Act, which would fundamentally change how visa violations are classified and punished. The legislation redefines visa overstays as “illegal entry” into the United States, putting it on par with illegal border crossings. First-time offenders would face up to six months imprisonment, with penalties increasing substantially for repeat violations.
The proposed legislation establishes a graduated penalty structure, with fines starting at $500 and imprisonment of up to six months for first-time offenders. Second offenses could result in up to two years imprisonment and a $10,000 fine, while third and subsequent violations carry penalties of up to five years imprisonment and a $15,000 fine. The bill’s sponsors argue these measures are necessary to close what they describe as dangerous loopholes in the current immigration system.
Federal Officials Take Strong Stance Against Terrorism
Secretary of Homeland Security Kristi Noem has issued a stern warning to those who might consider using expired visas to remain in the country, particularly those with extremist intentions. The administration is positioning the crackdown as a matter of national security, with increased coordination among federal agencies to identify potential threats. The incident has also sparked tension between federal authorities and some local officials over immigration enforcement cooperation.
U.S. Attorney Leah Foley specifically addressed statements by Boston Mayor Michelle Wu, who had referred to ICE officers as “secret police.” Foley called the characterization “offensive,” emphasizing that federal agents are conducting lawful immigration enforcement activities. The exchange highlights the ongoing tension between federal immigration authorities and some local jurisdictions regarding cooperation and enforcement priorities.
Congressional Support and Previous Legislative Efforts
The Visa Overstays Penalties Act has garnered support from several lawmakers, including Representative August Pfluger, who directly connected the Boulder attack to what he characterized as lax enforcement under the current administration. The legislation was previously included in the Secure the Border Act of 2023, which passed the House but failed to advance in the Senate. Supporters are hopeful that the Boulder attack will provide renewed momentum for the measure.
Representative Fine emphasized the bill’s intent to create consequences for those who violate their visa terms: “The only place a foreigner should be the day their visa expires is on a plane out of our country. If you’re not, congratulations — you’re now a criminal alien.” The legislation represents a significant shift in how visa violations would be handled, elevating them from administrative matters to criminal offenses with substantial penalties.
