114th Congress: Visa Waiver Program
In the aftermath of the 2015 Paris and San Bernardino attacks, the Visa Waiver Program has been heavily scrutinized. AILA urged the government to not act impulsively in response to this violence. Unfortunately, reforms to the Visa Waiver Program that discriminate against nationals of certain countries were included as part of the omnibus appropriations bill for 2016. AILA opposed this measure, which the president signed into law (Public Law 114-113) on December 18, 2015. p>
In January 2016, the Equal Protection in Travel Act of 2016 (S. 2449) was introduced in Congress to remove limitations on the ability of certain dual citizens from participating in the Visa Waiver Program. On February 1, 2016, AILA along with over 60 organizations urged Senate and House member to support this measure. p>
On February 18, 2016, the Department of Homeland Security announced that Libya, Somalia, and Yemen are now added as "countries of concern," limiting Visa Waiver Program travel for certain individuals who have traveled to those countries. p>
Resources on Changes to the Visa Waiver Program:
- FAQs: Visa Waiver Program Improvement and Terrorist Travel Prevention Act - February 2016
- FAQs about the Visa Waiver Program (VWP) and the Electronic System for Travel Authorization (ESTA) - February 2016
- CBP Announces Additional Enhancements to the ESTA - February 23, 2016
- DHS Announces Further Travel Restrictions for the Visa Waiver Program - February 18, 2016
- Practice Pointer: CBP Describes How It Will Implement Changes to the Visa Waiver Program - January 21, 2016
- CBP FAQs on the Visa Waiver Program Improvement and Terrorist Travel Prevention Act - January 21, 2016
- DHS/DOS Statement on Implementation of Changes to the Visa Waiver Program - January 21, 2016
- CBP To Use Facial Comparison Technology at JFK International Airport - January 19, 2016
114th Congress Attempts to Limit the Visa Waiver Program:
- On January 20, 2016, Senator Jeff Flake (R-AZ) introduced the Senate version of the Equal Protection in Travel Act of 2016 (S. 2449). Over 60 organizations, including AILA, support S. 2449.
- On January 13, 2016, Representative Justin Amash (R-MI) introduced the Equal Protection in Travel Act of 2016 (H.R. 4380) to remove limitations on the ability of certain dual citizens from participating in the Visa Waiver Program. Over 60 organizations, including AILA, support H.R. 4380.
- On December 18, 2015, the President signed into law the omnibus appropriations bill for 2016, which includes the House-passed bill reforming the Visa Waiver Program (VWP).
- On December 7, 2015, the House Committee on Homeland Security amended H.R. 158: Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 and passed the House on a 407-19 vote on December 8, 2015.
- AILA: Congress Should Reject H.R. 158 Until Its Visa Waiver Program Changes Are More Carefully Weighed
- AILA Quicktake #149: Legislative Update on Visa Waiver Program
General Opposition to Visa Waiver Program Legislation:
- Sign-on Letter Requesting DHS Secretary Johnson to Waive Discriminatory Prohibitions Under Visa Program Waiver Program Act - February 22, 2016
- "Ineffective and Discriminatory is not a Winning Combination" by Ally Bolour - December 18, 2015
- Ranking Member Sen. Cardin Expresses Concern Over Inclusion of H.R. 158 in Omnibus Appropriations Bill - December 14, 2015
- Sens. Leahy Durbin Heller and Flake Express Concern with Visa Waiver Program Legislation H.R. 158 - December 13, 2015
- Thirty-Three Lawmakers Urge Congressional Leaders to Consider Improvements To Visa Waiver Bill Provisions - December 11, 2015
- Sign-On Letter Expressing Concern on Visa Waiver Program Legislation - December 4, 2015
- Sign-on Letter Expressing Concerns with Visa Waiver Program Bills As Part of the Omnibus Spending Bill - December 10, 2015
Visa Waiver Program Background Information:
- Practice Alert: Changes to the Visa Waiver Program Enacted in the Consolidated Appropriations Act, 2016
- AILA's Take on the Visa Waiver Program
- CRS Report on the Visa Waiver Program
- White House Releases Fact Sheet on Visa Waiver Program
- DOS Releases Fact Sheet on Visa Waiver Program
- CRS Report on Visa Security Policies
- Statement by Secretary Johnson on Intention to Implement Security Enhancements to Visa Waiver Program
- DHS Statement on Steps to Further Secure the Homeland
- Statement by Secretary Johnson on the Safety and Security of the Homeland