E-bonding for Immigration Integrity Act of 2019
This bill requires an alien who is in one of the following nonimmigrant categories to post a bond prior to being issued a U.S. entry visa: (1) an alien who is from a country with a visa overstay rate greater than 1.5%; or (2) a B-visa tourist or business entrant, an F-visa foreign student, an H-visa temporary specialty profession or nonagricultural worker, or a K-visa fiance/fiancee.
The Department of Homeland Security (DHS) shall (1) establish a $2,500-$10,000 bond amount, which shall be reviewed annually, for each visa category based upon overstay risk; and (2) identify nonimmigrant visa category overstay rates, including categories with overstay rates greater than 1.5%. The bond shall be released to the posting alien upon (1) receiving notification that the alien has left the United States and returned to the country of origin, or (2) the alien changing or adjusting to an immigration status for which no bond is required.
The bill establishes the E-bond Enforcement Fund which shall be funded by forfeited bonds and used to ensure compliance with this bill and to administer enforcement programs.
DHS shall report to Congress annually regarding: (1) visa overstay rates by nonimmigrant category, (2) categories with overstay rates greater than 1.5%, (3) bond amounts, and (4) fund information.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2260 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 2260
To require the Secretary of Homeland Security to impose e-bonding
requirements on certain nonimmigrant visa applicants, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2019
Mr. King of Iowa introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require the Secretary of Homeland Security to impose e-bonding
requirements on certain nonimmigrant visa applicants, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``E-bonding for Immigration Integrity
Act of 2019''.
SEC. 2. REQUIREMENT OF BOND.
(a) Bond Required.--Prior to arriving at a port of entry of the
United States, an alien seeking admission to the United States shall
post a bond, in accordance with subsection (d), in an amount determined
by the Secretary if such alien seeks admission to the United States as
a nonimmigrant in a category--
(1) described under subparagraph (B), (F), (H)(i)(b),
(H)(ii)(b), or (K) of section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)); or
(2) identified by the Secretary, in accordance with section
3, to have a visa overstay rate that is more than 1.5 percent.
(b) Amount of Bond.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall, by rule, establish the
amount of the bond required by subsection (a) for each visa category
under subsection (a)(1) and each visa category identified by the
Secretary under section 3, which amount shall--
(1) be not less than $2,500 and not more than $10,000; and
(2) be determined based on the Secretary's assessment of
the level of risk of visa overstays for that category.
(c) Adjustment of Amount of Bond.--On an annual basis, the
Secretary shall review, and, as appropriate, adjust the amounts of the
bonds described in subsection (b).
(d) Payment of Bond.--An alien required to post the bond under
subsection (a) shall post such bond--
(1) in electronic form; and
(2) with a bonding agent designated by the Secretary as
qualified to hold such bond.
(e) Release of Bond.--The Secretary shall authorize a bonding agent
to release a bond--
(1) to an alien required to post such bond--
(A) after receiving a notification from the United
States embassy or consulate in the alien's country of
origin that such alien departed the United States and
returned to such country of origin; or
(B) if such alien changed or adjusted their status
to an immigration status not required to post a bond
under this section; and
(2) to the E-bond Enforcement Fund under section 4 upon a
determination by the Secretary that an alien--
(A) overstayed their visa; or
(B) did not return to their country of origin
following the termination of their visa.
(f) Change of Status.--An alien who has been admitted to the United
States and who is required to post a bond under subsection (a) may be
required to post an additional bond if such alien changes their status
to that of a nonimmigrant in a category required to pay a higher bond
under this section.
(g) Collection of Records Relating to Bonds.--The United States
Embassy or United States consular office in the alien's country of
origin shall collect any records necessary to carry out this section.
(h) Effective Date.--This section shall take effect on the date
that is 120 calendar days after the date of the enactment of this Act.
SEC. 3. VISA OVERSTAY RATE CATEGORIES.
The Secretary shall identify--
(1) the visa overstay rate for each category of
nonimmigrant aliens described under section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) in the
previous year; and
(2) each category of nonimmigrant aliens described under
such section that had a visa overstay rate in the previous year
that was more than 1.5 percent.
SEC. 4. E-BOND ENFORCEMENT FUND.
(a) In General.--There is established in the general fund of the
Treasury a separate account, which shall be known as the ``E-bond
Enforcement Fund'' (in this subsection referred to as the ``Fund'').
(b) Deposits.--There shall be deposited as offsetting receipts into
the Fund all amounts released under section 2(e)(2) of this Act.
(c) Use of Amounts.--Amounts deposited into the Fund shall remain
available until expended and shall be refunded out of the Fund by the
Secretary of the Treasury, to the Secretary of Homeland Security to--
(1) ensure compliance with this Act; and
(2) administer enforcement programs.
SEC. 5. REPORT.
Not later than 120 days after the date of the enactment of this
Act, and each year thereafter, the Secretary shall submit to the
committees of appropriate jurisdiction a report that includes--
(1) the visa overstay rate for each category of
nonimmigrant alien described under section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) in the
previous year;
(2) the categories that had a visa overstay rate in the
previous year that was more than 1.5 percent, as determined by
the Secretary in accordance with section 3;
(3) the amounts of the bonds, as determined by the
Secretary in accordance with section 2;
(4) information relating to the Fund under section 4; and
(5) any other information determined appropriate by the
Secretary.
SEC. 6. DEFINITIONS.
In this Act:
(1) Committees of appropriate jurisdiction.--The term
``committees of appropriate jurisdiction'' means--
(A) the Committee on the Judiciary of the House of
Representatives;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Homeland Security of the House
of Representatives; and
(D) the Committee on Homeland Security and
Governmental Affairs of the Senate.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security, unless otherwise provided.
(3) Visa overstay rate.--The term ``visa overstay rate''
means the ratio of, for each category of nonimmigrant aliens
described in section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101 (a)(15))--
(A) the number of aliens admitted to the United
States for each such category whose period of
authorized stays ended during a fiscal year but who
remained unlawfully in the United States beyond such
period; to
(B) the total number of aliens admitted to the
United States for each such category during that fiscal
year.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Citizenship.
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