Section 1 Short title
This Act may be cited as the “Timely Departure Act”.
Timely Departure Act
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.
Sec. 2 Visa overstay bonds and penalties
Definitions— In this Act:
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.
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)).
Nonimmigrant bonds—
Admission contingent on posting of bond—
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 $50,000 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.
Nonapplicability to certain aliens— Subparagraph (A) shall not apply to any alien who—
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
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).
Automatic and nonappealable forfeiture—
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.
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.
Removal and immigration penalty— An alien whose bond or cash payment is forfeited under paragraph (2) shall be—
promptly removed from the United States; and
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.
Limitation on asylum and withholding of removal claims—
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.
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.
Regulations—
In general— In implementing this section, the Secretary of Homeland Security may only issue regulations or policy guidance with respect to—
the collection and retention of bonds and cash payments;
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
the prevention of the circumvention of the requirement to pay a bond or cash payment under subsection (b)(1).
Prohibition— The Secretary of Homeland Security shall not waive or nullify any requirement of this section, whether by rulemaking, order, or other action.
Effective date— This section shall take effect on the date that is 30 days after the date of the enactment of this Act.