WASHINGTON, D.C., September 27, 2024 – U.S. Senators Katie Britt (R-Ala.), the ranking member of the Homeland Security Appropriations Subcommittee, Tommy Tuberville (R-Ala.), and John Cornyn (R-Texas) with 11 of their colleagues introduced their Visa Integrity Preservation Act. The legislation would close a loophole in current law that the Biden-Harris administration took advantage of to grant amnesty to illegal aliens who entered the United States without inspection or overstayed a visa.
“The Biden-Harris Administration’s unprecedented and blatant mass amnesty agenda and abuse of parole is wrong, irresponsible, and puts the safety and security of all Americans at risk. The Visa Integrity Preservation Act would prevent the Administration from abusing nonimmigrant visas as a tool to grant amnesty—pouring even more fuel on their catastrophic border crisis. I am committed to combating the mass migration policies of the Biden-Harris Administration, which have rewarded and incentivized millions of illegal border crossers to break our laws, while devastating American families and communities,” said Senator Britt.
“Horrible policies yield horrible results,” said Senator Tuberville. “The Biden-Harris administration has shown time and time again that they have no respect for the rule of law. By turning U.S. law on its head to protect illegal aliens over U.S. citizens, the Biden administration is creating perverse incentives – causing the influx of people flooding into this country to get even worse. If Joe Biden and Kamala Harris won’t do their job and secure the border, hopefully the Senate will.”
“For almost four years, the Biden-Harris administration has waived their magic amnesty wand to create unlawful programs that allow any and every person to enter and stay in the U.S. – legally or not,” said Senator Cornyn. “By strengthening the laws already on the books, our legislation would root out this massive pull factor while also preserving the integrity of our employment-based nonimmigrant visa program, and I’m grateful to my colleagues for their support.”
Senators Ted Cruz (R-Texas), Thom Tillis (R-N.C.), Jim Risch (R-Idaho), Mike Crapo (R-Idaho), Ted Budd (R-N.C.), Dan Sullivan (R-Alaska), Steve Daines (R-Mont.), Bill Hagerty (R-Tenn.), Pete Ricketts (R-Neb.), James Lankford (R-Okla.), and Marsha Blackburn (R-Tenn.) also cosponsored the legislation.
BACKGROUND:
Current U.S. immigration laws do not allow illegal aliens who overstay their visas to reenter the United States for up to 10 years if they leave, and those who illegally enter the U.S. are not allowed to reenter at all once they leave. The law also requires that temporary visa applicants interview abroad at a U.S. consulate before they can receive their visas, so illegal border crossers are not eligible to regularize their status using the temporary visa programs. The law does allow the U.S. Secretary of State to waive the consular interview requirement, but only on a case-by-case basis where in the national interest of the United States or in emergency situations.
In June 2024, the Biden-Harris administration announced a new initiative to grant amnesty to over half a million illegal border crossers, including certain spouses of American citizens. As part of that initiative, President Biden and Vice President Harris waived the consular interview requirement for nonimmigrant visas, enabling aliens who have illegally entered the U.S. or overstayed a visa to obtain temporary work visas. The Biden-Harris administration’s waiving of this policy encroaches on Congress’s authority and threatens to transform nonimmigrant visa programs into a tool to provide amnesty to illegal border crossers.
The Visa Integrity Preservation Act would amend the Immigration and Nationality Act to clarify that aliens who have entered the U.S. illegally or overstayed a visa for more than 180 days are not eligible for a waiver of the in-person consular interview requirement and would instead be required under all circumstances to depart the U.S. for an interview before they could receive a nonimmigrant visa. Under existing law, they are barred from reentering the U.S. upon presenting for inspection at a Port of Entry.
Senator Tommy Tuberville represents Alabama in the United States Senate and is a member of the Senate Armed Services, Agriculture, Veterans’ Affairs, and HELP Committees.
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