DHS, Border Patrol Reevaluate Visa Waivers
The Visa Waiver Program has many benefits as well as some inherent risks. It facilitates travel for millions of people and eases consular workload, but poses challenges to border inspectors and patrol agents, who, when screening visa waiver travelers, may face language barriers or lack time to conduct in-depth interviews.
Also, stolen passports from visa waiver countries are prized travel documents among terrorists, criminals, and immigration law violators, creating an additional risk.
While the Department of Homeland Security has intercepted many fraudulent documents at U.S. ports of entry, DHS officials acknowledged that an undetermined number of inadmissible aliens may have entered the United States using a stolen or lost passport from a visa waiver country. The U.S. government's process for assessing the risks of the Visa Waiver Program has weaknesses.
In 2002, Congress mandated that, every 2 years, DHS review the effect that each country's continued participation in the program has on U.S. law enforcement and security interests, but did not set a reporting deadline. In 2004, DHS established a unit to oversee the program and conduct these reviews. We identified several problems with the 2004 review process, as key stakeholders were not consulted during portions of the process, preparation for the in-country site visits was not consistent, and the final reports were untimely.
In addition, DHS cannot effectively achieve its mission to monitor and report on ongoing law enforcement and security concerns in visa waiver countries due to insufficient resources. DHS has taken some actions to mitigate the program's risks; however, the U.S. government has faced difficulties in further mitigating these risks.
In particular, the department has not established time frames and operating procedures regarding timely stolen passport reporting--a program requirement since 2002.
DHS has sought to require the reporting of lost and stolen passport data to the United States and the International Criminal Police Organization (Interpol), but it has not issued clear reporting guidelines to participating countries. While most visa waiver countries participate with Interpol's database, four do not. DHS is not using Interpol's data to its full potential as a border screening tool because DHS does not automatically access the data at primary inspection stations.