DHS is Not Deporting Visa Overstays

The numbers are staggering but just for the time period of 2015, 482,000 are residing in the United States illegally. This number is clearly worse than those numbers coming in from the southern border.

DHS admits it’s not deporting most visa overstays

WashingtonExaminer: A pair of Department of Homeland Security officials told the Senate Wednesday that the government does not search for most of the people who overstay their temporary visas, a day after DHS said that nearly 500,000 people were still in the U.S. after having overstayed their visas last year.

“I didn’t mean to imply that we’re actually out monitoring them,” Craig Healy, an assistant director at U.S. Immigration and Customs Enforcement, told Sen. Jeff Sessions, R-Ala., during Senate Judiciary subcommittee panel. Healy said that they review the universe of people who overstayed their visas and “prioritize” the deportation of people who went on to commit other crimes.

Their exchange came at the outset of a hearing on the federal government’s failure to implement a biometric system to track entries into and exits from the country, as required by a 2004 law. A Customs and Border Patrol official said the program couldn’t be implemented without causing “gridlock” at U.S. airports, a response that failed to allay bipartisan concern that the lack of this system is an ongoing national security threat.

“The biometric exit system is still not off the ground and that is unfortunate, very unfortunate, because it is a matter of national security,” New York Senator Chuck Schumer, the Democratic leader-in-waiting, said during the hearing.

John Wagner, deputy assistant commissioner of field operations for U.S. Customs and Border Patrol, said the program couldn’t be implemented without causing two-hour delays when boarding airplanes. “It’s the placement of the technology and how you collect it to ensure that the person actually departed the United States,” Wagner said. “There’s no zone to do that.”

These answers frustrated Democratic lawmakers who otherwise disagree with Sessions and other immigration hawks the issue of border security and deportations. “It’s hard for me to envision that we can’t figure out where to get a space to do this at an airport or seaport,” said Senator Al Franken, D-Minn. “If you can’t solve it in 11 or 12 years, how can we know it will ever be solved?”

DHS’s report saying hundreds of thousands of people remained in the United States after having overstayed their visas drew complaints from both parties, but Sessions in particular.

“That is a population of individuals that is larger than any city in Iowa, New Hampshire, or South Carolina,” Sessions said. Healy replied that about 3,000 of the people who had overstayed their visas were under investigation, a statistic Sessions cited to argue that President Obama’s team has made no effort to implement the system or to deport people who overstay their visas, as long as those people “keep their nose clean” and do nothing to draw the attention of law enforcement or counterterrorism officials.

He said the lack of a biometric exit system was part of a broader failure by the Obama administration to implement federal immigration law.

“Our executive branch is on strike against the will of the American people,” Sessions said. “Simply put, there is no border at all if we don’t enforce our visa rules.”

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Hold on, there is more…

Administration eases visa rules for travelers visiting terror hotspots

FNC: The Obama administration on Thursday eased visa rules for certain European travelers who have visited terror hotspots in the Middle East and Africa, triggering a backlash from congressional lawmakers who sought the restrictions for security reasons.

Moments after the announcement, two key Republicans declared the administration is “blatantly breaking the law” – a law that President Obama signed – by implementing the changes.

“This is not a difference of opinion over statutory interpretation, it is a clear contradiction of the law and the agreement we reached with the White House,” House Homeland Security Committee Chairman Michael McCaul, R-Texas, and Rep. Candice Miller, R-Mich., author of the bill, said in a statement.

The revised requirements announced Thursday pertain to changes passed by Congress in the Visa Waiver Program.

Lawmakers had sought new restrictions to tighten up the program – which allows visa-free travel for residents of eligible countries — in order to prevent Europeans who have joined ISIS from entering the United States. Under the newly passed Visa Waiver Improvement and Terrorist Travel Prevention Act of 2015, nationals of Iraq, Iran, Syria and Sudan as well as other travelers who have visited those countries since Mar. 1, 2011 now must apply for a visa in order to travel to the U.S.

The administration implemented those changes Thursday — but with some changes of its own.

Under the revised requirements, some Europeans who have traveled to those four countries in the last five years may still be allowed to travel to the United States without obtaining a visa if they meet certain criteria.

The administration announced it will use its waiver authority — granted to it in the legislation — to give waivers to travelers who traveled to the terror hotspots as journalists, for work with humanitarian agencies or on behalf of international organizations, regional organizations and sub-national governments on official duty.

Further, an additional waiver was announced for people who have traveled to Iran “for legitimate business-related purposes” since the conclusion of the Iran nuclear deal in July. The administration offers waivers for individuals who have traveled to Iraq for business as well.

Republicans reacted angrily to the waivers, saying the Obama administration had exploited the limited authority and has compromised national security.

“President Obama and his administration’s decision to abuse their limited waiver authority and allow scores of people who have traveled to or are dual nationals of countries like Iraq and Syria flies in the face of reason and congressional intent,” House Judiciary Committee Chairman Bob Goodlatte, R-Va., said in a statement.

“The Obama Administration is essentially rewriting the law by blowing wide open a small window of discretion that Congress gave it for law enforcement and national security reasons,” Goodlatte said.

Under the visa program itself, citizens of 38 countries, mostly in Europe, are generally allowed to travel to the United States without applying for a visa. But they still have to submit biographical information to the Electronic System for Travel Authorization, or ESTA.

The Homeland Security Department said waivers for some ESTA applicants will be granted on a “case-by-case” basis. Those travelers who are denied visa-free travel can still apply for visa through a U.S. embassy in their home country.

The new restrictions had previously been criticized by the Iranian government which suggested the U.S. might be violating the nuclear deal by penalizing legitimate business travel to the country.

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