Sen. Jim Banks introduces bill to treat visa overstays as illegal entry, citing Boulder terror attack by Egyptian national.

New Legislation Targets Visa Abuse After Colorado Incident

Senator Jim Banks of Indiana has announced new legislation aimed at tightening immigration enforcement by reclassifying visa overstays as illegal entry. The proposal comes in response to the recent terror attack in Boulder, Colorado, allegedly carried out by Mohamed Sabry Soliman, an Egyptian national who had remained in the U.S. after his visa expired.

The bill, scheduled to be introduced Tuesday, seeks to hold individuals who overstay their visas to the same legal standard as those who enter the country without authorization. Under the proposed law, overstaying a visa would become a misdemeanor offense, punishable by up to six months in jail for a first offense and up to two years for subsequent violations.

Senator Banks referenced both Soliman and the September 11 hijackers—who also entered the country legally but failed to leave when their visas expired—as key examples justifying the bill. “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.”

Soliman arrived in the U.S. two years ago on a work visa issued by the Department of Homeland Security during the Biden administration. His visa expired in March, but he remained in the country unlawfully. On Sunday, Soliman allegedly launched a violent attack on a peaceful pro-Israel demonstration held in Boulder, targeting the “Run for Their Lives” group, which was calling for the release of hostages held by Hamas in Gaza.

Authorities say Soliman used Molotov cocktails in the assault, injuring eight people, including a Holocaust survivor. The victims ranged in age from 52 to 88. The FBI classified the incident as a targeted terror attack, and Soliman now faces multiple charges, including federal hate crimes, attempted murder, and assault. The cumulative potential sentence for these charges amounts to 624 years.

According to the Department of Homeland Security’s latest report from fiscal year 2023, more than 565,000 individuals overstayed their visas. Senator Banks' legislation aims to address this ongoing issue by implementing stricter penalties and greater deterrence measures.

In addition to criminalizing visa overstays, the bill would substantially increase civil penalties. First-time offenders would face fines ranging from $500 to $1,000, with the amounts doubling for each subsequent offense. This is a sharp increase from current overstay penalties, which begin at just $50.

With national attention focused on immigration enforcement following the Boulder attack, Senator Banks’ proposal is likely to intensify debate in Congress over how best to prevent similar incidents and secure immigration processes. The fate of the bill will depend on bipartisan willingness to address the legal status of visa overstayers and the broader context of national security.