Visa Integrity Act of 2024

Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) is amended—

(1) in subsection (a) by inserting after for a subsequent commission of any such offense the following: or if the alien was previously convicted of an offense under subsection (e);

(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;

(B) in paragraph (2), by inserting after in the case of an alien who has been previously subject to a civil penalty under this subsection the following: or subsection (e); and

(C) by adding at the end the following:

(e) An alien who was admitted as a nonimmigrant for an aggregate of 10 days or more who has failed to

(1) maintain such nonimmigrant status, or a change in classification of nonimmigrant status under section 248, including complying with the period of stay authorized by the Secretary of Homeland Security in connection with such status, or

(2) comply otherwise with the conditions of such nonimmigrant status, shall for the first commission of such a violation, be fined under title 18, United States Code, or imprisoned not more than 6 months, or both, and, for a subsequent commission of such a violation, or if the alien was previously convicted of an offense under subsection (a), be fined under such title 18, or imprisoned not more than 2 years, or both.

(f) An alien in violation of this subsection (e) shall be subject to a civil penalty of

(1) not less than $500 and not more than $1,000 for each violation, or

(2) twice the amount specified under paragraph (1) in the case of an alien who has been previously subject to a civil penalty under subsection (a) or (e). A civil penalty under this subsection shall be in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.

(g) If the Secretary of Homeland Security determines on an individual case-by-case basis that, because of reasons of a medical necessity, public safety, or national security, the alien violated subsection (e), the alien shall not be subject to the penalties under subsection (e).

(h) In the case of any application or petition by or on behalf of an alien for admission to the United States, the Secretary of State or the Secretary of Homeland Security, as applicable, shall provide the alien with notice of the penalties under this section on receipt of the application or petition, and again at the time of admission.

Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall seek to negotiate agreements, accords, or memoranda of understanding between the United States and Mexico to—

(1) require the sharing of relevant, reliable, and accurate information within the legal and privacy regimes of both countries, such as information contained on biographic and biometric national security watchlists, certain traveler criminal history records, and immigration violations; and

(2) requiring the sharing of entry data at the land border such that the entry information from one country could constitute the exit information from another through an integrated entry and exit system.