Sen. Jim Banks (R-Ind.) introduced legislation on Wednesday that would criminalize U.S. visa overstays in response to the firebombing attack in Boulder, Colo.
The alleged perpetrator, Mohamed Sabry Soliman, 45, of Egypt, wounded 15 demonstrators marching for the release of hostages from Gaza on Sunday while he shouted “Free Palestine.” He, his wife and five children were in the country illegally after their immigration documents expired, according to the U.S. Department of Homeland Security.
“The Boulder terrorist and 9/11 hijackers didn’t sneak in; they overstayed visas,” Banks stated. “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.”
Bank’s “Visa Overstay Penalties Act” would classify a visa overstay as an “illegal entry” into the country and impose a criminal penalty of up to six months in jail for a first offense and two years for a repeat offense. It would also increase the minimum civil penalties for overstays from $50 to between $500 and $1,000, with fines doubling for repeat violators.
In 2023, DHS reported that there were more than 565,000 visa overstays in the United States.
In response to the attack, U.S. immigration authorities announced a crackdown on the practice.
“Anyone who thinks they can come to America and advocate for antisemitic violence and terrorism—think again,” DHS Secretary Kristi Noem stated. “You are not welcome here. We will find you, deport you and prosecute you to the fullest extent of the law.”
Soliman faces more than 100 state and federal charges, including 28 counts of attempted murder. DHS has also initiated deportation proceedings against his wife and children.