After a thwarted terror attack by an Egyptian visa overstayer in Boulder, Senator Jim Banks has proposed legislation that would treat visa violators with the same severity as those who cross the border illegally, aiming to close a security loophole that enabled both the 9/11 hijackers and the recent Colorado attacker.
Key Takeaways
- Sen. Jim Banks is introducing the “Visa Overstay Penalties Act” to criminalize visa overstays, making them equivalent to illegal entry with jail time and increased fines.
- The legislation comes in direct response to the Boulder, Colorado attack where Mohamed Sabry Soliman, an Egyptian who overstayed his visa, allegedly targeted pro-Israel supporters.
- Under the proposed bill, first-time visa overstayers could face up to six months in jail, while repeat offenders could receive up to two years imprisonment.
- Visa overstays account for approximately half of the 11-22 million illegal aliens in the U.S., with DHS reporting over 565,000 overstays in fiscal 2023 alone.
- Despite his visa expiring in February 2023, Soliman inexplicably received a work permit from the Biden administration a month later, highlighting serious security screening failures.
Banks’ Bold Response to Boulder Terror Attack
Senator Jim Banks (R-Ind.) is taking decisive action following the recent terror attack in Boulder, Colorado, by introducing legislation that would dramatically change how the United States handles visa violations. The “Visa Overstay Penalties Act” would reclassify visa overstays as “illegal entry,” subjecting violators to criminal penalties including jail time and significant fines. This new approach comes in direct response to the attack allegedly perpetrated by Mohamed Sabry Soliman, an Egyptian national who overstayed his visa and is now charged with attempting to murder pro-Israel demonstrators.
“The Boulder terrorist and 9/11 hijackers didn’t sneak in, they overstayed visas. That’s just as serious and just as dangerous. My bill cracks down on visa overstays with criminal penalties to stop threats before they happen,” said Sen. Jim Banks, Republican from Indiana.
Closing a Dangerous National Security Loophole
The proposed legislation addresses a significant national security vulnerability that has been exploited by terrorists for decades. Senator Banks specifically highlighted the connection between visa overstays and terrorism, noting that both the Boulder attacker and the 9/11 hijackers used this method to remain in the country illegally. Under current law, visa overstays face primarily administrative consequences rather than criminal penalties, creating what many security experts view as a dangerous loophole in America’s immigration enforcement system.
The Department of Homeland Security reported that over 565,000 foreign nationals overstayed their visas in fiscal year 2023 alone. More broadly, security analysts estimate that between 550,000 and 800,000 foreign nationals overstay their visas annually, contributing to approximately half of the estimated 11 to 22 million illegal aliens currently residing in the United States. This massive security gap is precisely what the Bank’s legislation aims to address with stricter enforcement and meaningful deterrents.
Specific Penalties and Enhanced Enforcement
The Banks bill would establish clear criminal penalties for those who remain in the country after their visas expire. First-time offenders could face misdemeanor charges with up to six months in jail, while repeat offenders could be sentenced to as much as two years imprisonment. In addition to criminal penalties, the legislation would substantially increase civil penalties, raising fines to between $500 and $1,000 for first-time violators, with doubled penalties for subsequent offenses.
“Sen. Jim Banks (R-IN) is introducing legislation to criminalize overstaying a visa in the wake of the Boulder, Colorado, terrorist attack where an Egyptian illegal alien, who overstayed his visa, is charged with trying to murder supporters of Israel,” wrote John Binder, immigration reporter.
The Boulder Attack and Immigration System Failures
The case of Mohamed Sabry Soliman illustrates multiple failures in America’s immigration system. Soliman entered the United States on a tourist visa in August 2022, despite having been previously denied a U.S. visa 20 years earlier. His visa expired in February 2023, yet astonishingly, the Biden administration granted him a work permit in March 2023, which remained valid for a year. This bureaucratic blunder allowed Soliman to remain in the country legally for an additional year after his original visa had expired.
Soliman now faces a litany of serious charges including federal hate crimes, attempted murder, and assault. If convicted on all counts, he could be sentenced to up to 624 years in prison. The attack, which targeted participants at a pro-Israel demonstration advocating for the release of hostages held by Hamas, has been classified as a terror attack by federal authorities and highlights the national security implications of our current visa enforcement policies.
