Sen. Jim Banks wants visa overstays classified as illegal entrants after attack

FIRST ON FOX — A Senate Republican wants to hold people who overstay their visas to the same standard as illegal immigrants in the wake of the tragedy in Boulder, Colo.

Sen. Jim Banks, R-Ind., is set to introduce legislation on Tuesday that would reclassify the act of overstaying a visa as “illegal entry,” effectively treating those who stay too long the same as someone that illegally enters the U.S.

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Banks’ bill comes on the heels of the weekend attack in Colorado where Mohamed Sabry Soliman, an Egyptian national whose visa expired in March, allegedly targeted a pro-Israel protest meant to advocate for the release of hostages still held by the terror organization Hamas in the Gaza Strip.

In a one-pager of the bill obtained by Fox News Digital, Banks explicitly pointed to Soliman, along with the Sept. 11, 2001 hijackers, as examples of people who overstayed their visas.

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Soliman, in particular, came to the U.S. two years ago under a work visa from the Biden-led Department of Homeland Security.

“The Boulder terrorist and 9/11 hijackers didn’t sneak in, they overstayed visas,” Banks said in a statement to Fox News Digital. “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.”

The latest data from the DHS from fiscal 2023 found that over 565,000 people overstayed their visas.

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Along with reclassifying those that overstay their visas, his legislation would make visa overstays a misdemeanor criminal offense punishable by a maximum of six months behind bars for first-time offenders, which would crank up to a maximum of two years for subsequent offenses.

It would also raise civil penalties to between $500 and $1000, with penalties doubling for each subsequent offense. Currently, visa overstay penalties start at $50.

Soliman on Sunday allegedly attacked the “Run for Their Lives” group, which was engaged in a peaceful protest advocating for the release of hostages held by Hamas. He allegedly used Molotov cocktails on the group, injuring eight people whose ages ranged from 52 to 88-years-old. One of the victims was a survivor of the Holocaust.

Since then, Soliman has been charged with a federal hate crime, attempted murder, assault and other charges following what the FBI dubbed a “targeted terror attack.” Combined, the charges against Soliman carry a total of 624 years.