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• U.S. Department of State

Summary

Since the September 11, 2001 terrorist attacks, considerable concern has been raised because the 19 terrorists were aliens who apparently entered the United States with temporary visas despite provisions in immigration laws that bar the admission of terrorists. Foreign nationals not already legally residing in the United States who wish to come to the United States generally must obtain a visa to be admitted, with certain exceptions noted in law. The report of the 9/11 Commission maintained that border security was not considered a national security matter prior to September 11, and as a result the State Department's consular officers were not treated as full partners in counterterrorism efforts. The 9/11 Commission has made several recommendations that underscore the urgency of implementing legislative provisions on visa policy and immigration control that Congress enacted several years ago. <p> The 107th Congress expanded the definition of terrorism and the designation of terrorist organizations used to determine the inadmissibility and removal of aliens in the USA Patriot Act (P.L. 107-56). Another law, the Enhanced Border Security and Visa Entry Reform Act (P.L. 107-173), sought to improve the visa issuance process by mandating data sharing so that consular officers have access to relevant electronic information. This law also required the development of an interoperable electronic data system to be used to share information relevant to alien admissibility and removability and required that all visas issued by October 2004 have biometric identifiers. The Homeland Security Act (P.L. 107-296) transferred to the Directorate of Border and Transportation Security in the new Department of Homeland Security (DHS) the authority to issue regulations regarding visa issuances and assigns staff to consular posts abroad. Although the Department of State (DOS) Bureau of Consular Affairs remains the agency responsible for issuing visas, DHS's Citizenship and Immigrant Services approves immigrant petitions, and DHS's Bureau of Customs and Border Protection inspects all people who enter the United States. <p> The House and Senate recently passed H.R. 4417, which would extend the deadline for installing the scanners/readers of biometric visas to October 26, 2005. The Senate Judiciary Committee has reported S. 710, which would further broaden the security and terrorism grounds of inadmissibility to exclude aliens who have participated in the commission of acts of torture or extrajudicial killings abroad. The Senate Judiciary Committee has also reported S. 1609, which would amend the INA to make an alien excludable from United States for nonpayment of child support. A bill (S. 2661) to make visa revocation a ground for removal has been introduced. <p> Meanwhile, nonimmigrant (i.e., temporary) visas issued abroad dipped to 4.9 million in FY2003 after peaking at 7.6 million in FY2001. Thus far, visas for legal permanent residents (LPRs) have stayed at around one million annually, but the number of LPR visas issued abroad has dipped while those aliens who adjust to LPR status within the United States has grown. This slowdown in visa issuances has sparked concern among the business community, some of whom argue they are adversely affected by the new visa policies. Others are expressing scepticism about the cost, time, and complexity of developing interoperable databases, a feature many others see as essential to enhanced border security.

Related Legislation:
• H.R.4417
• S.710
• S.1609
• S.2661

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