Implementation Deadlines in the Enhanced Border Security
and Visa Entry Reform Act (H.R. 3525)
Last Updated: September 12, 2003
Go Directly to Entry-Exit System Deadlines
In the wake of the Sep. 11, 2001 terrorist attacks by an assortment of foreign nationals who had violated and manipulated our immigration, student visa and tourism visa laws, Congress and the President pledged to tighten up our visa system to protect Americans in the future. Finally in the spring of 2002, H.R. 3525 was passed and signed into law to provide that protection. Unfortunately, nobody could see a way to immediately provide Americans with the protections included in that law. A series of deadlines for implementation was set up to extend over a few years.
The only way that Americans will become more protected from foreign nationals who abuse the visa system is if the deadlines of H.R. 3525 are met in a timely manner.
NumbersUSA has worked closely with individuals in Congress and the Administration to keep track of the deadlines of this law in hopes that those with responsibility for implementation and oversight will find it easier to focus on the important task of improving safety for the American people. This report indicates that improvements have occurred but that the government is falling rapidly behind in its duty to carry out this law
Title I
1. Additional 800 DHS immigration inspectors and 800 immigration investigators, plus additional Consular personnel between 2003 and 2006
Title II
1. Interim data-sharing system - FBI, CIA and other federal law enforcement agencies are supposed to share with DHS and State any information relevant to admissibility and deportability of aliens
* Pres. Bush to report to Congress on info needed by DHS/State by mid-September 2002
o Report was submitted on March 25, 2003 (http://usinfo.state.gov/topical/pol/terror/03032626.htm); Deadline Missed but report submitted
* Full implementation by October 26, 2002
o A data sharing system, called TECS and run by Customs, already exists; DHS, State, FBI and CIA all have access to and provide data; Deadline Met
o The State Department also has a plan to permit the direct transfer of data from State to the DHS Bureau of Immigration and Customs Enforcement
2. Technology standard to verify identity of noncitizens seeking entry
* AG and State to provide first progress report to Congress by October 2002
o Report was completed. The recommendation is to use fingerprints as the primary biometric identifier (iris and facial recognition technology are still being tested); Deadline Met
* AG and State must certify standard by January 2003
o Standard was certified on December 31, 2002; Deadline Met
3. Chimera System - interoperable database that incorporates ID technology standard to give DHS/State real-time access to law enforcement and intelligence info concerning aliens
* Pres. Bush to report to Congress on progress every 6 months beginning in November 2002
o No report has been submitted; First Two Deadlines Missed
* 9-member commission to oversee development of/progress in Chimera to be established by October 26, 2002
o No commission has been established; progress on the Chimera System is stalled until a commission is created: Deadline Missed
4. Integration of DHS databases
* no deadline
o DHS now has a plan for integrating its data systems and funds have been appropriated, though little progress has been made thus far; Not Implemented
Title III
1. State to provide DHS with electronic visa file of every alien granted a visa, before the alien arrives at a port of entry
* no deadline
o State is providing visa files on most immigrants and nonimmigrants, but there have been problems with State not getting the relevant data into the system in a timely way; Not Fully Implemented
o State has corrected a significant backlog of information that was waiting to be entered into the Tip-Off system.
2. Entry-exit system
* no new deadline (airports/seaports = December 31, 2003; high-traffic land ports = December 31, 2004; all else = December 31, 2005)
o The National Security Entry-Exit Registration System, or NSEERS, was the interim entry-exit system. It worked very well in identifying aliens with criminal records or arrest warrants, as well as illegal aliens and aliens with known terrorist connections. However, NSEERS only applied to “special interest” aliens, or those from certain mainly Muslim terrorist-sponsoring states and North Korea.
o On April 29, 2003, DHS Secretary Ridge announced the creation of the US Visitor and Immigration Status Indication Technology system, or US VISIT, which will incorporate both NSEERS and SEVIS, the Student and Exchange Visitor Information System.
o Because of delays in the appropriations process, it is unlikely that DHS will be able to meet the first deadline, Dec. 31, 2003, to have the US VISIT system fully functioning in all airports and seaports.
o The US VISIT system contract is scheduled to be awarded in May of 2004, with the goal of implementing the system at selected land border ports of entry by 2006.
3. Biometric, machine-readable travel and entry documents
* AG, State, National Institute of Standards and Technology (NIST) to report on actions and resources necessary for compliance by mid-November 2002
o The three agencies submitted their report on time, but it was delayed by OMB; Deadline Missed, but report completed
* All travel and entry documents issued by US must be machine readable and include biometric identifiers by October 26, 2004
o State already has created a prototype “foil” visa with a digital photo of the visa holder on it, but it is still debating whether it will capture the prints of two, eight or 10 fingers of each visa applicant when it begins deploying fingerprint machines overseas.
o It is unlikely that State will actually begin fingerprinting visa applicants until the deadline, however, because of the anticipated negative reaction of the countries in which the fingerprinting will take place as a condition of visa issuance. Other US agencies would like State to begin fingerprinting in “high risk” countries as soon as possible both to mitigate the risk of terrorists obtaining visas and to begin the fingerprinting process with a smaller number of visa applicants until the US VISIT system can be implemented to verify document authenticity.
* Machine readers at all ports of entry by October 26, 2004
o DHS has purchased and distributed machine readers, but they are of limited use since entry documents do not yet include biometric identifiers.
* In order to participate in visa waiver program, nations must issue machine-readable passports with standard biometric identifiers by October 26, 2004
o State has notified visa waiver countries of this requirement and they are taking steps to comply; France has made notable progress.
4. Terrorist Lookout Committees to be established in every US mission abroad
* No deadline for establishment
o Terrorist lookout committees were established by regulation in November of 2002.
* Sec. of State must report to Congress quarterly on the status of the committees
o The first report was submitted in December of 2002, and subsequent quarterly reports have been timely; First Deadline Missed, but now in compliance
5. Ban on NIV issuance to nationals of state sponsors of terrorism, unless Sec. of State determines the alien poses no threat to the safety or security of the US
* Effective upon enactment
o The denial rate for aliens from states that sponsor terrorism has increased by 70 to 80 percent and nationals from these countries are being fingerprinted at ports of entry; Implemented
6. Every visa waiver alien must be checked against all relevant lookout databases
* Effective upon enactment
o This is not happening and DHS has no plan to ensure that such checks are done at all; Deadline Missed
7. Tracking passport theft
* Upon enactment, AG must enter data on lost/stolen passports into data system used to determine admissibility or deportability of aliens
o State Dept., to which lost/stolen passports are reported, has no effective process for tracking US passports reported lost or stolen; however, State now has a system to automatically upload the numbers of lost/stolen foreign passports into the TECS system, which is the database against which passports are checked at ports of entry; Deadline Missed, but requirement mostly implemented
* Upon implementation of Chimera, data on lost/stolen passports must be entered into Chimera
8. Employment authorization documents (EADs) issued to refugees and asylees must contain photo and fingerprint
* Applies to all EADs issued beginning in mid-November 2002
o DHS was unaware of this requirement until it was brought to their attention in late October, 2002; DHS has since contracted with a private company to come up with a plan, but implementation is still pending; limited progress has been made in changing the procedures at DHS benefits locations so that they can begin capturing photos and fingerprints; Deadline Missed
Title IV
1. North American National Security Perimeter
* Pres. Bush to report to Congress on feasibility by May 14, 2003
o No report has been submitted; Deadline Missed
2. Advance submission of passenger manifests
* Arrival and departure manifests to be submitted electronically by January 1, 2003
o Deadline Met
* Pres. Bush to report on feasibility of requiring passenger manifests from commercial land carriers by May 14, 2004
Title V
1. Foreign Student Tracking system (SEVIS)
* Interim system
o beginning in mid-September 2002, no F, M or some J NIVs are to be issued unless State has received from the institution electronic evidence of the alien's acceptance and a consular officer has reviewed the alien's visa record Deadline Met
+ then State must notify DHS of each issuance of F and M NIVs
+ then DHS must notify the institution when the alien is admitted
+ then institution must notify DHS within 30 days of the registration deadline if the alien fails to enroll or begin classes
# State is in compliance on the interim system, but DHS compliance lagged
+ AG must provide State with a list of all educational institutions authorized to receive F or M nonimmigrants by mid-June 2002
# List submitted; Deadline Met
o Final system to be fully implemented by January 30, 2003
+ The Student and Exchange Visitor Information System (SEVIS) was on-line and functional by the deadline, though there have been some problems in implementation, including adequate and timely training of school administrators in the use of the system and data management and storage. It is unclear whether DHS has a plan for actually using the data it collects to ensure that foreign students are attending school, or to find and deport those who fail to comply. Deadline Met, but improvements still being made
Title VI
1. Border Crossing Cards
* DHS must be able to verify that the fingerprint on each card matches that of the holder prior to admission by September 30, 2002
o Many of the machine readers at ports of entry along the U.S.-Mexico border cannot read biometrics, so they cannot verify fingerprints; Deadline Missed
2. Study of feasibility of requiring all nonimmigrants to register annually with DHS
* GAO must report to Congress by mid-May 2003
o This study is still underway; Deadline Missed
3. International data sharing
* State and DHS must report to Congress on the possibilities for encouraging Canada, Mexico and visa waiver countries to develop interoperable data systems compatible with Chimera by mid-May 2003
o No report has been submitted, though the agencies say it is underway; Deadline Missed
4. Absconders
* AG must report to Congress the total number of absconders in the US in 2001 by November 15, 2002
o Commissioner Ziglar reported to Congress that there were 321,000 absconders in the US; however, inside sources say that this number was artificially deflated and that the real number may be much higher; Deadline Met
* AG must report total number of absconders for previous year by January 15 each year; Deadline Met for 2003
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