Visa Waiver Program Update in Light of Paris Attacks
December 4, 2015
In the wake of last month’s terrorist attacks in Paris, which were conducted by citizens of countries that currently participate in the Visa Waiver Program, the White House has announced steps it will take to ensure terrorists from Visa Waiver Program countries are not able to enter the U.S. While some of the proposed changes may impact the procedures foreign carriers currently implement when transporting passengers from Visa Waiver countries, the new measures have been characterized as “limited.” More sweeping changes are possible over the course of the coming year, but will require Congressional legislation.
The following changes are likely to be implemented in the near term:
- Visa Waiver partner countries will be asked to issue “e-passports” that would include greater detail on the holder’s travel history;
- The White House plans to expand the use of the “pre-clearance program” in foreign airports in order to allow U.S. border officials to collect and screen biometric information before visa waiver travelers can board aircraft to the United States.
- DHS will immediately take steps to modify its Electronic System for Travel Authorization (ESTA) applications to capture information from VWP travelers regarding any past travel to countries constituting a terrorist safe haven.
- The Department of Homeland Security is planning to seek authority to increase the penalty assessed against carriers that fail to verify passenger passport information from $5,000 to $50,000.
- The Secretaries of DHS, State, and Commerce will promote the Global Entry program among VWP partners to further expand this trusted traveler program, which includes the use of biometrics.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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