Sunday, September 29, 2024

DHS Adds Qatar to the Visa Waiver Program


U.S. Department of Homeland Security Secretary Alejandro Mayorkas and U.S. Department of State Secretary Antony Blinken announced this week that the United States added Qatar to the list of countries whose nationals may enter the United States without first obtaining a visa. Qatar’s admission to the Visa Waiver Program is likely linked to the role the country has played in the negotiations between Israel and Hamas — rather than because it is in the general public’s interest to allow Qataris to enter the United States without first receiving visas.

The Visa Waiver Program, which was first adopted as a pilot program in 1986, but was made permanent in 2000, allows aliens who are citizens or nationals of participating countries to travel to the United States without a visa if they meet certain eligibility requirements. Eligibility for the Visa Waiver Program is limited to aliens who are traveling for business or tourism and only allows these visitors to stay for up to 90 days. Countries must have a nonimmigrant visa refusal rate below 3 percent for the previous fiscal year to be eligible to participate. Participating governments must also make reciprocal travel benefits available to U.S. citizens traveling to their countries. Currently, 41 countries (counting Qatar) participate in the program.

Even when a country is in the Visa Waiver Program, there are some limits. The Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 requires visas for nationals of Visa Waiver countries if they have traveled to or been present in North Korea, Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen on or after March 1, 2011, (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country). The act also makes ineligible for visa-free travel those nationals of VWP countries who have traveled to or been present in Cuba on or after January 12, 2021 (with the same limited exceptions as above) and nationals of VWP countries who are also nationals of Cuba, North Korea, Iran, Iraq, Sudan, or Syria. (These aliens must make appointments at U.S. embassies or consular offices for standard visa processing.)

Notably, there is no firm limit to the number or rate of visa overstays for citizens or nationals of a country interested in joining the program. While DHS has not published an report showing how many foreign visitors failed to depart the United States within their authorized period of stay since FY 2022, that most recent report showed that even Visa Waiver Program countries may have high rates of visa overstays. Approximately 98,000 visitors who entered under the program overstayed in FY 2022. That year, Spain led all VWP countries with an overstay rate of 5.2 percent, or 28,356 overstays. (In total, more than 850,000 foreign visitors overstayed their authorized stay in FY 2022, which equates to a rate of 3.64 percent, or more than double recent years.)

Moreover, my colleague Jessica Vaughan has explained that because DHS counts admissions rather than individuals to produce the report, DHS is able to report a deceptively low overstay rate that does not reflect the true magnitude of the problem. That is because many individuals who are compliant with visa requirements enter and depart the United States multiple times a year. Individuals who intend to stay in the United States illegally after their authorized periods of stay expire, on the other hand, are more likely to enter the United States just once.

Security Benefits and Costs
Easing the red tape associated with international travel has undoubtedly provided some economic benefits to participating countries in addition to limited national security benefits, such as encouraging countries to raise their document and identification systems standards while also giving the U.S. government a foot in the door to inspect participating countries’ security systems. Nevertheless, the program remains one of the United States’ greatest security vulnerabilities.

Administrations that have expanded the scale of the program tend to overstate the national security benefits associated with wider participation. That is not to say there are not real benefits obtained from wider participation.

https://cis.org/Jacobs/DHS-Adds-Qatar-Visa-Waiver-Program

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