Sec. 2. Unlawful presence criminalized

207 words·~1 min read·/bill/113/hr/2631/ih/section-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Immigration and Nationality Act is amended by inserting after section 274D the following: Except as provided in subsection (b), any alien who is unlawfully present in the United States for a period of 30 consecutive days shall be punished— in the case of a first offense, as felony, by a fine of not more than $10,000 or by imprisonment for not more than 1 year, or both; and in the case of a subsequent offense, as a felony, by a fine of not more than $15,000 or by imprisonment for not more than 5 years, or both.

If the Secretary of Homeland Security determines that because of illness or any other extenuating circumstance the alien has been unlawfully present, the alien shall not be subject to the penalties under subsection (a). Any alien convicted of a violation of subsection (a)(1)— may not be admitted to the United States for a period of 5 years, beginning on the date of the conviction; and may not be granted a visa for a period of 10 years, beginning on the date of the conviction.

Any alien convicted of a violation of subsection (a)(2)— may not be admitted to the United States; and may not be granted a visa. .