-
Original Date Announced
April 22, 2019On April 22, 2019, President Trump signed a Memorandum on Combating High Nonimmigrant Overstay Rates directing the Secretaries of State and Homeland Security to find effective ways to combat B-1/B-2 visa and Visa Waiver Program (VWP) overstays. The memorandum directed the Secretary of State to engage with countries with visa overstay rates higher than 10 percent to address this problem. The Secretaries of State and Homeland Security were tasked with making recommendations within 120 days of the memorandum on actions to limit overstays. [ID #752]
Presidential Memorandum on Combating High Nonimmigrant Overstay RatesEffective Date
April 22, 2019Subsequent Trump-Era and Court Action(s)
-
October 8, 2018
DHS Visa Overstays Report for 2017
DHS issued a report providing data on overstay rates for foreign travelers who entered as nonimmigrants in FY 2017 and remained in the United States beyond their authorized period of admission with no evidence of an extension to their period of admission or adjustment to another immigration status. This includes individuals who entered under B-1/B-2 visas and the Visa Waiver Program (VWP). DHS also outlined measures to control visa overstays in FY 2018, including: expanded use of biometric data, use of facial recognition software at airports, email notifications noting visa deadline and consequences to visa overstayers from visa-waiver countries, and requiring visa-waiver countries with significant overstay rates to implement public awareness campaigns about not overstaying.
The FY 2016 report, submitted in 2017, discussed that during FY 2016, through new biometric exit tests and the BE-Mobile law enforcement tool, DHS was able to biometrically verify the biographic departure data for a limited number of departures from the United States in the air, land, and sea environments.
View Document
Biden Administration Action: Other
September 29, 20232023.09.29 ICE updates guidance for use of INTERPOL Red Notices during law enforcement actions
On September 29, 2023, ICE announced new agency-wide guidance about the use of Red Notices and Wanted Person Diffusions during law enforcement actions. ICE Directive 15006.1 requires enhanced training, deeper scrutiny, and consistent adherence to agency directives to mitigate potential abuse of these types of notices and diffusions. Some sources indicate that the Trump administration used INTERPOL Red Notices as a tool in combating B-1/B-2 visa and Visa Waiver Program (VWP) overstays.
View DocumentCurrent Status
Fully in EffectMost Recent Action
September 29, 2023 Action: Other 2023.09.29 ICE updates guidance for use of INTERPOL Red Notices during law enforcement actionsSeptember 29, 2023Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Presidential OrdersSubject Matter: Non-Immigrant Visas: Visitor Non-Immigrant VisasAssociated or Derivative Policies
- September 13, 2017 DHS imposes visa sanctions on four countries for failure to accept return of nationals
- July 10, 2018 DHS imposes visa sanctions on Laos and Burma (Myanmar) for failure to accept nationals.
- January 31, 2019 DHS and DOS impose visa sanctions on Ghana
- April 10, 2020 COVID-19: POTUS imposes visa sanctions on countries that refuse to accept return of foreign nationals
- November 24, 2020 DOS imposes bond pilot program for business, tourists visas from certain countries
Pre Trump-Era Policies
Documents
Trump-Era Policy Documents
-
New Policy
Original Source:
Memorandum on Combating High Nonimmigrant Overstay Rates
-
Prior Policy
-
Subsequent Action
Original Source:
DHS Releases Fiscal Year 2017 Entry/Exit Overstay Report
- Commentary
-
Commentary
Original Source:
He fought corruption in Russia. ICE wants to deport him.
Commentary
2019.04.23 USA Today on Visa Overstay Directive
USA Today article notes that the April 22, 2019 presidential directive ordering DHS and the State Department to target countries with visa overstay rates higher than 10 percent will primarily target smaller African and Asian countries rather than countries producing the largest numbers of total visa overstays.
Go to article2020.09.03 Politico Commentary re Red Notices
Politico published an article describing ways in which ICE has increasingly been using INTERPOL Red Notices “to manufacture immigration violations." This includes arresting and detaining individuals against whom a Red Notice has been issued even if they have applied for asylum. The article asserts that this use of Red Notices is part of the Trump administration's efforts to crack down on visa overstays.
Go to article