{ "id": "R41093", "type": "CRS Report", "typeId": "REPORTS", "number": "R41093", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 389078, "date": "2011-06-30", "retrieved": "2016-04-07T00:44:13.252908", "title": "Visa Security Policy: Roles of the Departments of State and Homeland Security", "summary": "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, with certain exceptions noted in law. The Departments of State (DOS) and Homeland Security (DHS) each play key roles in administering the law and policies on the admission of aliens. Although the DOS\u2019s Consular Affairs is responsible for issuing visas, the U.S. Citizenship and Immigrant Services (USCIS) in DHS approves immigrant petitions, the Immigration and Customs Enforcement (ICE) in DHS operates the Visa Security Program in selected embassies abroad, and the Customs and Border Protection (CBP) in DHS inspects all people who enter the United States. In addition, the Executive Office for Immigration Review (EOIR) in the U.S. Department of Justice (DOJ) has a significant policy role through its adjudicatory decisions on specific immigration cases.\nAlthough there was a discussion of assigning all visa issuance responsibilities to DHS when the department was being created, the Homeland Security Act of 2002 (P.L. 107-296) opted not to do so. Rather, P.L. 107-296 drew on compromise language stating that DHS issues regulations regarding visa issuances and assigns staff to consular posts abroad to advise, review, and conduct investigations, and that DOS\u2019s Consular Affairs continues to issue visas. \nThe case of Umar Farouk Abdulmutallab, who allegedly attempted to ignite an explosive device on Northwest Airlines Flight 253 on December 25, 2009, refocused attention on the responsibilities of the Departments of State and Homeland Security for the visa process. He was traveling on a multi-year, multiple-entry tourist visa issued to him in June 2008. State Department officials have acknowledged that Abdulmutallab\u2019s father came into the Embassy in Abuja, Nigeria, on November 19, 2009, to express his concerns about his son, and that those officials at the Embassy in Abuja sent a cable to the National Counterterrorism Center. State Department officials maintain they had insufficient information to revoke his visa at that time. In the aftermath of the Abdulmutallab case, policymakers explored what went wrong and whether statutory and procedural revisions were needed.\nSome have expressed the view that DOS has too much control over visas, maintaining that the Homeland Security Act intended DHS to be the lead department and DOS to merely administer the visa process. Proponents of DOS playing the principal role in visa issuances assert that only consular officers in the field have the country-specific knowledge to make decisions about whether an alien is admissible and that staffing 250 diplomatic and consular posts around the world would stretch DHS beyond its capacity. Whether the visa security roles and procedures are adequately funded may arise as the budget issues are considered. \nThe House Committee on the Judiciary has reported legislation (H.R. 1741) that would give the Secretary of Homeland Security \u201cexclusive authority to issue regulations, establish policy, and administer and enforce the provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) and all other immigration or nationality laws relating to the functions of consular officers of the United States in connection with the granting and refusal of a visa.\u201d \nThis report will be updated as significant developments occur.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R41093", "sha1": "01abea45c9245f0d8d661832221e13fa2622146e", "filename": "files/20110630_R41093_01abea45c9245f0d8d661832221e13fa2622146e.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R41093", "sha1": "739626df34733f5b8fac5ba8dd0025dfa269a987", "filename": "files/20110630_R41093_739626df34733f5b8fac5ba8dd0025dfa269a987.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc812918/", "id": "R41093_2011May06", "date": "2011-05-06", "retrieved": "2016-03-19T13:57:26", "title": "Visa Security Policy: Roles of the Departments of State and Homeland Security", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20110506_R41093_201dac562211236ddcfafb50a16e4551dee5cc6e.pdf" }, { "format": "HTML", "filename": "files/20110506_R41093_201dac562211236ddcfafb50a16e4551dee5cc6e.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc97981/", "id": "R41093_2010Dec16", "date": "2010-12-16", "retrieved": "2012-08-21T08:46:06", "title": "Visa Security Policy: Roles of the Departments of State and Homeland Security", "summary": "This report discusses the visa security and visa policy questions debated in Congress. The policy questions center on whether immigration law needs to be strengthened, whether funding should be increased, and which agency should take the lead.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20101216_R41093_dcad343e0fedd0c235f943c7da83eba68f2f5ab6.pdf" }, { "format": "HTML", "filename": "files/20101216_R41093_dcad343e0fedd0c235f943c7da83eba68f2f5ab6.html" } ], "topics": [ { "source": "LIV", "id": "Visas", "name": "Visas" }, { "source": "LIV", "id": "Admission of nonimmigrants", "name": "Admission of nonimmigrants" }, { "source": "LIV", "id": "Immigration policy", "name": "Immigration policy" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc97984/", "id": "R41093_2011Mar08", "date": "2010-03-08", "retrieved": "2012-08-21T08:46:06", "title": "Visa Security Policy: Roles of the Departments of State and Homeland Security", "summary": "This report discusses the visa security and visa policy questions debated in Congress. The policy questions center on whether immigration law needs to be strengthened, whether funding should be increased, and which agency should take the lead.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20100308_R41093_ab5f0da3d8d78914d3d21fd2ee7194f692421379.pdf" }, { "format": "HTML", "filename": "files/20100308_R41093_ab5f0da3d8d78914d3d21fd2ee7194f692421379.html" } ], "topics": [ { "source": "LIV", "id": "Visas", "name": "Visas" }, { "source": "LIV", "id": "Admission of nonimmigrants", "name": "Admission of nonimmigrants" }, { "source": "LIV", "id": "Immigration policy", "name": "Immigration policy" } ] } ], "topics": [ "Foreign Affairs", "Immigration Policy", "Intelligence and National Security" ] }