LegiStorm

Summary:

The November 13, 2015, terrorist attacks in Paris have refocused attention on U.S. visa issuance and national security screening procedures that undergird the admission of foreign nationals to the United States. The visa issuance process is widely recognized as an integral part of immigration control and border security. Foreign nationals (i.e., aliens) not already legally residing in the United States who wish to come to the United States generally must obtain a visa to be admitted. The foreign national must establish that he/she is qualified for the visa under one of the various admission criteria. He or she must also establish that he/she is not ineligible for the visa due to one or more of the legal bars to admission. Applying for a visa is the first gateway for foreign nationals to seek admission to the United States, and the data collected as part of that process forms the core of the biometric and associated biographic data that the United States collects on foreign nationals. The visa applicant is required to submit his or her photograph and fingerprints, as well as full name (and any other name used or by which he or she has been known), age, gender, and the date and place of birth. Depending on the visa category, certain documents must be certified by the proper government authorities (e.g., birth certificates and marriage licenses). All prospective lawful permanent residents (LPRs) must submit to physical and mental examinations, and prospective nonimmigrants also may be required to have physical and mental examinations. Consular officers use the Consular Consolidated Database (CCD), a biometric and biographic database, to screen visa applicants. Records of all visa applications are now automated in the CCD, with some records dating back to the mid-1990s. Since February 2001, the CCD has stored photographs of all visa applicants in electronic form; since 2007, the CCD has begun storing 10-finger scans. The system links with other databases to flag problems that may have an impact on the issuance of the visa. For some years, consular officers have been required to check the background of all aliens in the "lookout" databases, specifically the Consular Lookout and Support System (CLASS) database, which contained over 42.5 million records in 2012. Consular officers use name-searching algorithms to ensure matches between names of visa applicants and any derogatory information contained in CLASS. Since 2013, U.S. consular officials have partnered with the National Counterterrorism Center (NCTC) to utilize the Terrorist Identities Datamart Environment (TIDE) on known and suspected terrorists and terrorist groups. Preventing terrorist travel to the United States is front and center after the coordinated terrorist attacks at six locations in Paris on November 13, 2015, left at least 129 people dead and over 350 injured. Congressional oversight of visa security is ongoing, and possible legislative reforms are under consideration. Visa security provisions are included in Title IV of the Michael Davis, Jr. in Honor of State and Local Law Enforcement Act (H.R. 1148), which the House Committee on the Judiciary ordered reported on March 18, 2015. At its core, visa integrity protects the United States from foreign nationals who threaten public health and safety or national security, while at the same time welcomes legitimate foreign nationals who bolster the U.S. economy and foster international exchanges. Balancing these dual, and some would say competing, missions is an ongoing challenge. The policy questions center on the efficacy of the process, the security features of the policies, and whether the law needs to be revised to improve efficiency and strengthen security.