Latest Developments
Senators Feinstein, Jon Kyl (R-Ariz.), Susan Collins (R-Maine) and Joe Lieberman (I-Conn.) requested a report to examine whether the Bush Administration is implementing the security measures required of the visa waiver program under the 9/11 Commission Recommendations Act of 2007. In September 2008, the Government Accountability Office (GAO) released the report entitled, "Visa Waiver Program: Actions Needed to Improve Management Expansion Process and Assess and Mitigate Program Risks."
Following the report's release, U.S. Senator Dianne Feinstein (D-Calif.), chairman of the Senate Judiciary Subcommittee on Terrorism, Technology, and Homeland Security called a hearing for September 24, 2008 to discuss the GAO report in the subcommittee. In a press release, Senator Feinstein expressed concerns about the "broken" visa waiver program. “Unless DHS takes action to address these national security risks, the visa waiver program will continue to be the soft underbelly of this nation’s immigration system and will provide both an attractive option for terrorists looking to do Americans harm and a way for foreign visitors to exploit our immigration laws.”
Background
The visa waiver program has been authorized by U.S. law for over 20 years, with 34 current members. It enables citizens of participating countries to enter the U.S. for tourism or business for 90 days or less without obtaining a visa. The United States last expanded the visa waiver program’s membership in 1999; since then, other countries have expressed a desire to become members.
In August 2007, the “Implementing the Recommendations of the 9/11 Commission Act of 2007” was signed into law, giving the Department of Homeland Security authorization to reform the visa waiver program which includes expanding the conditions for aspiring countries to join the program. The Act, however, requires that the Department of Homeland Security complete certain actions to enhance the security of the program.
In order for DHS to admit new countries into the visa waiver program with visa refusal rates greater than 10%, the Department must first certify to Congress that:
- DHS can verify the departure of 97 percent of foreign travelers leaving U.S. airports. This biometric exit system must be in place by July 1, 2009.
- The Department will put in place a fully operational electronic travel authorization system (ETSA), which screens visa waiver travelers before they arrive in the United States, by January 2009.
