GEN. KELLY: ‘GOOD IDEA’ TO INCREASE VISA WAIVER SECURITY, GROW PRECLEARANCE
February 17, 2017
On January 10, 2017, during his DHS confirmation hearing, Retired U.S. Marine Corps General John Kelly said that it is “a good idea” to expand security requirements for the Visa Waiver Program (VWP) and to continue expanding the PreClearance program to new foreign airports.
The Preclearance program allows travelers to clear customs and immigration before boarding planes in Canada, Ireland, Abu Dhabi and several Caribbean countries. Jeh Johnson, the current Secretary of Homeland Security, has begun talks to expand the program to another dozen airports.
The VWP (created by the Immigration Reform and Control Act of 1986) allows citizens of certain countries to visit the U.S. for less than 90 days for tourism and business purposes without the need to obtain a visa. Participating countries generally provide reciprocal visa-free 90-days travel to U.S. citizens for the same tourism and business purposes. The VWP has undergone several updates, however, “to adapt to current threats”. These updates include a requirement that visitors seeking to visit the U.S. under the Program must obtain an authorization via the Electronic System for Travel Authorization (ESTA). ESTA collects travelers’ biometric information and basic admissibility-related questions prior to travel to the US. In addition, the VWP has recently disallowed certain categories of individuals from eligibility. Such as, citizens of VWP countries “who have traveled to Iran, Iraq, Sudan, Libya, Somalia and Yemen after March 1, 2011.”
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).