119th Congress (2025-2026)

HR 1837

Timely Departure Act

Introduced

Jurisdiction

US Congress

Session

119th Congress (2025-2026)

Official source

Chamber

House

Session

119th Congress (2025-2026)

Jurisdiction

US Congress

Bill overview

The Timely Departure Act requires nonimmigrant aliens entering the United States to pay a bond or cash payment, ranging from $5,000 to $50,000, to ensure they depart before their authorized stay expires. If an alien fails to depart on time, their bond is forfeited and they become ineligible for immigration benefits for a period of 4 to 12 years, and are promptly removed. The Act also requires nonimmigrants seeking asylum or withholding of removal to apply for these protections before their authorized stay ends, with failure to do so resulting in ineligibility to pursue those claims.

Key provisions

Requires nonimmigrant aliens to pay a bond or cash payment upon entry.
Establishes a forfeiture process for bonds if an alien fails to depart on time.
Creates an ‘Immigration Detention and Enforcement Account’ to fund alien detention and international transportation.
Imposes a period of ineligibility for immigration benefits (4-12 years) for those whose bonds are forfeited.
Requires nonimmigrants seeking asylum or withholding of removal to apply for these protections before their authorized stay expires.
Prohibits aliens from circumventing the bond payment requirement.
Specifies regulations the Secretary of Homeland Security can issue regarding bond collection, notification, and prevention of circumvention.
Sets a 30-day effective date for the Act.

Who is affected

Nonimmigrant aliens seeking admission to the United States
U.S. Citizens
Department of Homeland Security
Immigration Attorneys

Positions across the country

No public positions recorded for this legislation.

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Arguments opposed

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Legislative history

2025-03-04House

Referred to the House Committee on the Judiciary.

2025-03-04

Introduced in House

2025-03-04

Introduced in House

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Mar 4, 2025XMLView source

119th CONGRESS — 1st Session

H. R. 1837

IN THE HOUSE OF REPRESENTATIVES

A BILL

To require aliens seeking admission to the United States as nonimmigrants to pay a bond or cash payment and to impose penalties on such aliens who fail to timely depart the United States, and for other purposes.

1.Short title

This Act may be cited as the

Timely Departure Act

2.Visa overstay bonds and penalties

(a)Definitions

In this Act:

(1)In general

A term used in this section that is used in the immigration laws shall have the meaning given such term in the immigration laws.

(2)Immigration laws

The term immigration laws has the meaning given such term under section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).

(b)Nonimmigrant bonds

(1)Admission contingent on posting of bond

(A)In generalExcept as provided in subparagraph (B), an alien seeking admission to the United States as a nonimmigrant shall pay a bond or cash payment in an amount not less than $5,000 and not more than $50,000 to help ensure that the alien departs the United States before the date on which his or her period of stay authorized by the Secretary of Homeland Security in connection with such status expires.

(B)Nonapplicability to certain aliens

Subparagraph (A) shall not apply to any alien who—

(i)

is present in the United States pursuant to a nonimmigrant visa issued under subparagraph (A), (C), (G), (P)(i), (T), or (U) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); or

(ii)is a national of a program country for purposes of the visa waiver program under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187).

(2)Automatic and nonappealable forfeiture

(A)In generalIn the case of a nonimmigrant who has paid a bond or cash payment under paragraph (1) who fails to depart the United States before midnight (Pacific Time) on the date on which his or her authorized period of stay expires, such bond or cash payment shall be forfeited without the opportunity for appeal or review.

(B)Offsetting account

A forfeited bond or cash payment under this paragraph shall be deposited in an offsetting account under the jurisdiction of the Secretary of Homeland Security, to be known as the Immigration Detention and Enforcement Account, and the amounts deposited into such account shall be used solely for purposes of funding alien detention facilities and international transportation for aliens ordered removed from the United States.

(3)Removal and immigration penalty

An alien whose bond or cash payment is forfeited under paragraph (2) shall be—

(A)promptly removed from the United States; and

(B)for a period not less than 4 years and not more than 12 years beginning on the date of such forfeiture, ineligible for any lawful immigration status or adjustment of status under the immigration laws.

(c)Limitation on asylum and withholding of removal claims

(1)In generalAn alien present in the United States pursuant to admission as a nonimmigrant who intends to seek asylum or withholding of removal in the United States shall submit an application for asylum or withholding of removal before midnight (Pacific Time) on the date on which his or her authorized period of stay in connection with nonimmigrant status expires.

(2)Consequence of failure to timely departAn alien described in paragraph (1) who fails to depart the United States before midnight (Pacific Time) on the date on which his or her authorized period of stay expires and who has not submitted an application for asylum or withholding of removal shall be ineligible to submit such an application after such date.

(d)Regulations

(1)In generalIn implementing this section, the Secretary of Homeland Security may only issue regulations or policy guidance with respect to—

(A)the collection and retention of bonds and cash payments;

(B)the notification of the Attorney General with respect to the failure of an alien to timely depart the United States before midnight (Pacific Time) on the date on which his or her authorized period of stay in connection with nonimmigrant status expires; and

(C)the prevention of the circumvention of the requirement to pay a bond or cash payment under subsection (b)(1).

(2)ProhibitionThe Secretary of Homeland Security shall not waive or nullify any requirement of this section, whether by rulemaking, order, or other action.

(e)Effective date

This section shall take effect on the date that is 30 days after the date of the enactment of this Act.

HR 1837

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