DHS Implements New Rules for Visa Waiver Countries

Image: PHOTO: US Visa. (photo courtesy of Thinkstock)

by Monica Poling
Last updated: 1:56 PM ET, Sun December 17, 2017

The Department of Homeland Security on Friday announced it is rolling out a series of new "immigration enforcement elements" for countries who are members of the Visa Waiver Program (VWP.)

The 38 nations included in the program-in which citizens may travel to the United States for up to 90 days without first applying for a visa-will now be expected to comply with a series of new measures outlined by DHS, in consultation with the Department of State and other federal agencies.

"The United States faces an adaptive and agile enemy, as terrorists continue to explore ways to reach our country and to direct, enable, and inspire attacks against us," said new Secretary of Homeland Security KIrstjen Nielsen. "It's critically important we stay ahead of these threats by improving our security posture. These enhancements will strengthen the program, and they are part of our continued efforts to raise the baseline for homeland security across the board."

Among the measures, member nations will now be required to "fully implement" information sharing arrangements and utilize U.S. counterterrorism information.

Additionally, DHS will also assess participating VWP countries to ensure they effectively employ safeguards against insider threats to the aviation industry.

Finally, DHS will require VWP countries that have an "overstay rate" of two percent or greater-specifically Hungary, Greece, Portugal and San Marino-to reduce violations by initiating a public information campaign to educate travelers about the conditions for admission into the United States.

DHS is also asking Congress to enact legislation that would formally recognize some regulations already on the books. Among them, VWP nations would be legally required to report foreign terrorist fighter information to organizations like INTERPOL and EUROPOL. VWP nations would also be required to systematically collect and analyze passenger travel data. Finally, all member nations of the VWP will be required to allow U.S. Federal Air Marshals to board and travel on U.S. carrier flights bound for the United States.

"Importantly, DHS has assessed that these security enhancements will not hinder lawful trade and travel," noted DHS in its official press release. "Qualified nationals will continue to be able to travel to the United States under the VWP. These measures will benefit all U.S.-bound visitors by promoting a safe and secure travel system."

Roger Dow, president and CEO of the U.S. Travel Association, called the new measures a "sensible approach."

"A secure travel system is foundational for all visitors," said Dow. "Without security, there is no travel. The security reforms to the VWP announced today offer a sensible approach to evolving this highly valuable program, which continues to be the gold standard for travel security and facilitation.

"Every program should be constantly assessed and tweaked to ensure it performs as designed to stop threats. We are grateful to the administration for recognizing it as a robust national security program and its role in welcoming millions of business and leisure visitors here annually.

"We are supportive of these sensible reforms and will continue to work with the administration to strengthen security and expand the program while sending a message that welcomes international travelers to America.

DHS has been hinting at changes to the Visa Waiver Program since at least April, when then-Secretary John Kelly told an audience at George Washington University, "We have to start looking very hard at that [visa waiver] program. Not eliminating it and not doing anything excessive, but look very hard at that program." The DHS has also recently announced it is considering simplifying domestic and international travel for American residents by merging two trusted traveler programs, PreCheck and Global Entry.

Countries who participate in the VWP must meet high-security standards before they are admitted to the program. Additionally, all visitors under the program are vetted and must have an approved travel authorization issued by the Electronic System for Travel Authorization before they travel to the United States.

The U.S. welcomes more than 20 million visitors under the VWP every year.

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