New DHS Crackdown on Visa Overstays

DHS Announces Increased Enforcement Measures Targeting Visa Overstays

In response to a recent terrorist attack in Boulder, Colorado, the Department of Homeland Security (DHS) has just announced a significant escalation in the enforcement of immigration laws—specifically targeting individuals who entered the U.S. on non-immigrant visas and remained in the country beyond their authorized stay. This directive follows the arrest of Mohammed Sabry Soliman, a 45-year-old Egyptian national who remained in the U.S. unlawfully after overstaying his visa in 2022 and who is now facing federal hate crime charges and multiple state felony charges in connection with a violent attack in Boulder.

As a result, U.S. Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP), and Immigration and Customs Enforcement (ICE) have been directed by DHS Secretary Kristi Noem to conduct a heightened review of immigration records and initiate immediate enforcement actions against those who have overstayed their visas. 

For individuals who are currently out of status, this signals a clear shift toward more aggressive monitoring and enforcement. 

Visa Overstays and Entry Without Inspection

In light of these developments, it’s important for individuals without legal immigration status to understand the risks they may face and the options that may be available to them. Undocumented individuals typically fall into one of two categories: (1) those who originally entered the U.S. on a valid U.S. visa but remained after their authorized period ended—commonly referred to as “visa overstays”—and (2) those who entered the country without going through proper inspection or authorization, often referred to as “entries without inspection” (EWI). 

While we have seen increased emphasis from the current Trump administration on prioritizing the removal of individuals who are unlawfully present in the U.S. and have criminal records, it is important to understand that immigration enforcement is not limited to those with convictions. Even if individuals have no criminal history whatsoever, they may still be subject to removal proceedings if they lack lawful status—particularly in light of the above directive targeting visa overstays. Individuals in both categories—those who overstayed a visa and those who entered without inspection—are considered unlawfully present under federal immigration law and may face deportation solely on that basis.

Overstayed Your Visa? Take Action Before Enforcement Reaches You

In today’s rapidly tightening immigration climate, particularly following recent directives from DHS targeting visa overstays, individuals without valid status face increased legal exposure. Beyond the immediate risk of removal proceedings, overstaying a visa can trigger severe long-term consequences, including 3 or 10-year re-entry bans, visa denials, and disqualification from adjustment or future immigration benefits. Additionally, DHS uses advanced technology, agency coordination, and educational outreach to actively track and penalize overstays. In this high-risk environment, timely legal counsel is not only advisable but essential. 

An immigration attorney can assess your situation, help you understand the legal options available (such as procedure for voluntary departure, waivers or adjustment of status), and guide you in avoiding serious and lasting consequences. Whether you’re currently out of status or concerned about your visa, seeking legal advice early is essential to protect your ability to stay in the U.S. and pursue a stable immigration path.

How KBIW Kurpiejewski & Associates Can Help

At KBIW Kurpiejewski & Associates, PLLC, we understand the complexities and urgent nature of visa overstays and unlawful presence—especially in light of the recent DHS announcement intensifying enforcement efforts. The DHS has significantly enhanced its ability to identify, track, and enforce visa overstays by investing in improved data collection, interagency cooperation, and preventive measures aimed at national security and public safety. Coupled with the current Trump Administration’s strong emphasis on immigration enforcement as a top priority, the risk of detection and removal proceedings is higher than ever. Navigating this evolving enforcement landscape requires not only timely action but also strategic legal guidance tailored to your individual circumstances. We are committed to helping clients understand their options, protect their rights, and explore every possible avenue for relief before enforcement measures take effect. Early consultation with an immigration counsel can make a critical difference in managing risks and securing your future in the U.S. To schedule a consultation about your immigration situation, and learn how we can help you, please call us at (212) 220-3956 or email office@kbiw.com.