As with many Countable surveys, the background information on current laws and enforcement gives a lot of information and “expert” opinions, but doesn’t quite reveal enough to know whether the proposal actually addresses the right and real problem. I haven’t fact-checked Countable‘s information, but before you respond to the survey I recommend reading the following website to get a fuller grasp of the issue of what can already happen when a nonimmigrant overstays his/her visa, and what the penalties actually are:
After digesting this information it seems that modern, electronic record keeping should identify offenders and make enforcement much easier than it has ever been before. My answer would therefore be that there already are appropriate penalties for most cases of overstaying, they need consistent enforcement if they are to be taken seriously, and ICE is probably due for some technology updates to make quicker, more positive verification of people’s identity when it is in doubt.
As far as the question of redefining nonimmigrants overstaying their visas as a criminal offense rather than leaving it a civil offense, the survey question, I would leave it as it has been since 1996 and focus on enforcement and prosecution of the current law. Read up on it and see what YOU think.