New York Times: “Trump Administration Orders Tougher Screening of Visa Applicants”

The Trump administration is making it more difficult for millions of visitors to enter the United States by demanding additional security checks before issuing visas to tourists, business travelers, and relatives of American residents, all seemingly in fulfillment of a campaign promise to enact “extreme vetting.” Secretary of State Rex W. Tillerson has sent diplomatic cables to US Embassies and Consulates worldwide with these instructions for stricter vetting, basing them off a March 6 presidential memorandum ordering the secretary of state, the attorney general, and the secretary of homeland security to “implement protocols and procedures” to enhance visa screening. The new security checks generally do not apply to citizens of countries in the Visa Waiver Program, which includes thirty-eight member countries. The additional scrutiny, for example, will ask applicants about their background and social media history if a person has ever been in a territory controlled by the Islamic State. “Consular officers should not hesitate to refuse any case presenting security concerns,” Secretary Tillerson writes in the cables.  “All visa decisions are national security decisions.”

In 2016, the United States issued more than ten million visas, and this additional scrutiny is likely to lengthen the already bureaucratic process. “This will certainly slow down the screening process and impose a substantial burden on these applicants,” Greg Chen, the director of advocacy for the American Immigration Lawyers Association, tells the New York Times. “It will make it much harder and create substantial delays.” Chen questions how a single interviewer who conducts 120 interviews per day—at about five minutes per interview—can improve security. “It’s highly unlikely they could obtain information that demonstrates whether someone is a national security threat in such a brief interview process,” he says.

The Guardian: “Canadians traveling to Women's March denied US entry after sharing plans”

Travelers from Canada to the presidential inauguration and Women’s March on Washington say they were denied entry to the US after telling border agents at a land crossing in Quebec about their plans. Sasha Dyck, a thirty-four-year-old nurse from Montreal, was one of a group of eight who tried to cross the US/Canada border at St. Bernard de Lacolle in Quebec and Champlain, New York. When the group—two of whom were French nationals and the rest Canadians—told the US Customs and Border Protection (CBP) agents about their plans, the agents told them to pull over. Agents searched their cars, examined their mobile phones, and each member of the group was fingerprinted and photographed. Agents told the two French citizens that they had been denied entry to the US and that any future visit to the US would now require a visa.

"Then for the rest of us, they said, ‘You’re headed home today,'" Dyck tells the Guardian. CBP warned the group that they would be arrested if they tried to cross the border again over the weekend. “And that was it, they didn’t give a lot of justification.” She made the same journey to attend Barack Obama’s inauguration in 2009. “I couldn’t even get in for this one, whereas at the other one, the guy at the border literally gave me a high five when I came in and everybody was just like, ‘Welcome’. The whole city was partying; nobody was there to protest Obama the first time.” Dyck tells Global News: “I hope it doesn’t represent a closing down or a firming up of the border, or of mentalities south of the border.” 

In a separate incident, UK national Joe Kroese says that he, a Canadian, and two Americans were held at the same border crossing for three hours last Thursday. The group had traveled from Montreal—where Kroese is studying—and when they told agents they were considering attending the Women’s March, they were questioned, fingerprinted, and photographed. Kroese and his Canadian friend were refused entry because they were going to attend what one border agent claimed was a “potentially violent rally.” Kroese says that CBP advised them to not travel to the US for a few months, and that Kroese would need a visa for any future visits to the US. Kroese says another group of Canadians were also refused entry. "They searched the car and then they asked the driver if he practiced Islam and if he spoke Arabic,” he tells the Independent.  They wanted to spook us a bit. It felt like a kind of intimidation." 

In another incident, Montreal resident and McGill-student Joseph Decunha says he was denied entry when he told agents he was attending the inauguration and Women’s March. The group he was traveling with was brought in for secondary processing, where the border agent asked about their political views, Decunha tells the Canadian Broadcasting Corporation. “The first thing he asked us point blank is, ‘Are you anti- or pro-Trump?’” Decunha says he was fingerprinted, photographed and denied entry. “They told me I was being denied entry for administrative reasons. According to the agent, my traveling to the United States for the purpose of protesting didn’t constitute a valid reason to cross,” Decunha says. “It felt like, if we had been pro-Trump, we would have absolutely been allowed entry.”

US CBP says it does not discuss individual cases, and states in an email to the Guardian: “We recognize that there is an important balance to strike between securing our borders while facilitating the high volume of legitimate trade and travel that crosses our borders every day, and we strive to achieve that balance and show the world that the United States is a welcoming nation.” Scott Bardsley, the press secretary to Ralph Goodale, Canada’s public safety minister, in a statement defended US CBP agents for their actions. “When entering another country, including Canada, it has always been the case that goods accompanying a traveler may be searched to verify admissibility. Every country is sovereign and able to make its own rules to admit people and goods to manage its immigration framework, health and safety.”

More than one million individuals every day are admitted into the United States at its air, land, and sea ports, the agency reports, and an average of 600 people a day are denied entry for various reasons including national security concerns. Canadian nationals and nationals of those countries in the Visa Waiver Program are permitted to travel temporarily to the US without a visa for certain valid reasons. Valid reasons for such trips, according to CBP, include vacation, visit with friends or relatives, medical treatment, as well as “participation in social events hosted by fraternal, social, or service organizations.”

Even with reports of some turned away, the Huffington Post notes that in all likelihood many Canadians were able to cross the border to attend the march. According to Aaron Bowker, a public affairs officer for the CBP’s Buffalo field office in New York, the Buffalo office saw a fourteen percent increase in vehicular traffic last Thursday, Friday and Saturday, and that many of these admitted travelers were heading to events in D.C. He says that approximately 41,000 vehicles were processed over that three-day period and more than 100,000 passengers were inspected. Just over 95 people were denied entry, which is less than one percent of travelers who were processed. Bowker says that not all of those travelers denied entry were heading to D.C. Organizers for the Women’s March had arranged for some 650 people in buses from Canada to cross the border on last Friday night, and so far there were no reports these buses were prevented from entering the US.

NY Times: “European Union to Consider Requiring Visas for U.S. Travelers”

The days of visa free travel for Americans to the European Union may be over. While Americans take for granted the ease of traveling without a visa to many European countries—while, conversely, many Europeans travel to the US visa-free under the Visa Waiver Program (VWP)—the European Union is threatening to change the requirements if the US government does not agree to include additional European member states, including Bulgaria, Croatia, Cyprus, Poland, and Romania, in the Visa Waiver Program. Although the deadline for the decision was this week, and has now been moved to this summer, the timing is not ideal, as the New York Times explains: 

The escalating dispute comes at a time when Washington is especially concerned about security, in the aftermath of terrorist attacks in Europe and the presence of suspected terrorists in the flow of migrants to the Continent out of the Middle East. Should the commission decide to move toward imposing visa requirements, it could be a blow to trans-Atlantic relations just before a visit to Europe by President Obama and could complicate negotiations on other issues, including a proposed trade deal.

Security concerns, however, haven’t affected certain European officials who are pressuring Washington to include the additional countries in visa-free travel. “Over the past months, all sides have intensified their efforts in order to reach tangible and concrete progress,” Mina Andreeva, a spokeswoman for the commission, said in a statement. “Our goal is full reciprocal visa waiver with our strategic partners,” she said.

The Visa Waiver Program currently includes thirty-eight member countries, and the program enables eligible citizens of approved countries to travel to the United States for tourism or business for stays of ninety days or less without first obtaining a visa, as long as they apply and are approved under the ESTA program. Last year additional security measures were added to the Visa Waiver Program.

In Bulgaria, the economy minister, Bojidar Loukarsky, reportedly told local news media in 2014 that his country’s support for a trade pact with the US was contingent on visa-free travel to the US for his country’s citizens, while Marietje Schaake, a Dutch member of the European Parliament, disagreed, telling the New York Times: “No matter what happens with visas, this should not impact trade negotiations with the United States as immigration plays no formal part in those talks.”

Artur Habant, the spokesman for the Permanent Representation of Poland to the European Union in Brussels, said it’s a matter of fairness, as US citizens can travel to Poland visa-free. “Polish governments have been lobbying for a long time with the U.S. authorities, in Congress and in the administration, to eliminate this obstacle in traveling to the United States.” US officials, however, are concerned that countries such as Romania have not met the requirements to be included in the VWP. 

US Increasingly Denying Entry to Muslims and Individuals of Certain Countries

In recent weeks, Muslims and individuals from certain countries are reportedly being refused entry to the US, leading some to think that innocent individuals are being caught up in increased US security measures.

Muslim Family Headed to Disneyland Denied Entry

In one case, a British Muslim family was barred earlier this month from flying from Gatwick Airport in the United Kingdom to the US for a vacation at Disneyland. Mohammed Zahid Mahmood said he and his family—which included two brothers and nine children—were not allowed to travel to the US for vacation, despite previously having obtained clearance. He told the BBC that his children were "traumatised, really upset" about the cancelled trip. "They think they've done something wrong," he said. "I want an explanation, and what's going to happen next. I would still like to go to America, I would like my kids to fulfil their dreams."

Stella Creasy, a member of the opposition Labour Party, said that her inquires to US officials on why her constituents—Mahmood and his family—were not allowed to board the flight to the US were not answered, and consequently she wrote to Prime Minister David Cameron to look into the matter, citing a "growing fear" among British Muslims that “aspects of Trump's plans are coming into practice even though they have been widely condemned.”

Because of other instances of US airlines either preventing Muslims or “Middle Eastern-looking” individuals from flying as well as alleged mistreatment, some think that presidential candidate Donald Trump’s proposed temporary ban on Muslims visiting the US and other anti-Muslim sentiment and discrimination in the US has led to increased and overly-aggressive scrutiny of Muslim and Middle-Eastern travelers to the US.

While Cameron’s office said they are investigating the matter, a top Muslim group in the UK said the incident appears to be related to the travelers’ religion and is very concerning to British Muslims. A US Customs and Border Protection (CBP) spokesman told ABC News that the "religion, faith or spiritual beliefs of an international traveler are not determining factors" for admittance to the US and that people can be denied entry for numerous reasons including health-related issues, prior criminal convictions, security concerns, or other grounds. The Muslim Council of Britain says the last-minute denial of boarding without explanation is unfair for Muslims. "There is a perception that such decisions are being made due to the faith or political activism of individuals," the council stated. 

Mahmood, whose family reportedly spent £9,000 on tickets for the Disneyland flights, told the Guardian that they received no explanation for why they were not allowed to board their flight, but he believed it was “because of the attacks on America—they think every Muslim poses a threat.” According to news reports, the US Embassy in London has not issued any comments or clarifications as to why Mahmood and his family were not permitted to travel to the US to visit Disneyland or regarding any increased travel security restrictions.

British Imam Ajmal Masroor Denied Entry

Ajmal Masroor, a British imam and broadcaster, reports he was also prevented from traveling to the US for business, despite having traveled to the US multiple times already this year. While Masroor was originally denied an ESTA, or Electronic System for Travel Authorization, after US Embassy staff contacted him to apply, he had been granted a business and tourism B1/B2 visa, which he said he used to travel to the US.

“In my mind, the refusal and revoking of my visa was calculated. For me it’s very callous,” he told the Guardian. In response, the US Embassy in London said: “The embassy is aware of this matter. We are in contact with the individual and therefore have no further public comment at this time.” Masroor believes US officials are singling out Muslims. "This is absolutely discrimination. It is not acceptable and playing into the hands of the terrorists," he said. Masroor also said he had heard of twenty similar cases of fellow Muslims being denied entry to the US, and David Cameron has been informed of additional cases as well.

In addition, Indian students have been denied entry to the US. In two separate cases, twenty Indian students with valid student visas for colleges in California were denied entry in Chicago and returned to India, and nineteen students were barred from boarding an Air India plane headed to San Francisco for the same schools.

It’s not only travelers to the US being excluded entrance, but Australia has also faced criticism for denying entry to certain individuals, including Zahra Ramadani, a Syrian-born British national whose visa was issued and revoked without explanation right before she was scheduled to fly to Sydney, and a Pakistani family who were trying to visit their terminally ill son who was unable to travel out of Australia.

Those who are planning a visit to the US should be aware of the proper ESTA and visa procedures and requirements, and also their rights if denied entry.

After Paris Attacks Changes to the Visa Waiver Program (ESTA) to Enhance Security

In response to the Paris terror attacks, the White House yesterday announced changes to the Visa Waiver Program, used by approximately 20 million visitors per year for citizens of thirty-eight program partner countries around the world. The changes to the Visa Waiver Program (VWP), also known as the Electronic System for Travel Authorization (ESTA), are designed to counter the “ongoing threat posed by foreign terrorist fighters” who might use the program, and are meant to “aggressively” strengthen the program and bolster relationships with the VWP’s partners. These changes come after new countries were added to the VWP program and other security enhancements were made earlier this year.

What Are the New Changes?

The Obama administration is instructing government agencies to move forward with the following security enhancements:

• The Department of Homeland Security (DHS) will immediately modify its applications to obtain information from VWP travelers regarding any past travel to “countries constituting a terrorist safe haven” and work in conjunction with the Director of National Intelligence to identify and review these countries to make traveler risk assessments;
• DHS along with other agencies will accelerate its review process for VWP partner countries and provide a report to the President within sixty days regarding possible pilot programs to assess the collection and use of biometrics (fingerprints and/or photographs) to increase security and also identify any countries that are deficient in key areas of cooperation;
• The FBI director will evaluate the terrorism information sharing and any deficiencies between the US and VWP countries in consultation with other agencies and provide the president a report within sixty days;
• DHS will offer assistance to VWP countries to better facilitate terrorism information sharing, including for screening refugees or asylum seekers;
• US government agencies will promote the Global Entry program among VWP partners to further expand this trusted traveler program;
• DHS will work with Congress to seek permission to increase Advance Passenger Information System (APIS) fines from $5,000 to $50,000 for air carriers that fail to verify a traveler’s passport data; and
• US government agencies will deploy Foreign Fighter Surge Teams to work with countries to counter terrorist travel and provide assistance as needed to enhance border security and legislation.

Working with Congress to Enhance the VWP

In addition to these security changes, the White House will work with Congress to provide statutory authority for many key security enhancements to the VWP, including:

• Improve ability to identify individuals who have traveled to conflict zones to train or fight with terrorist organizations and coordinate information between VWP partners and INTERPOL;
• Use international agencies such as INTERPOL to track lost and stolen travel documents to prevent their usage as well as general information sharing to use in border screening activities for VWP partner countries;
• Accelerate requirement for 100% of VWP travelers to use e-passports with security chips and also see how biometrics could be effectively added to the VWP process; and
• Expand the preclearance program so Customs and Border Protection officers can inspect passengers and their baggage at foreign airports prior to departing for the United States.

Even More Changes to the VWP

In addition to the Obama administration’s VWP changes, Senators Dianne Feinstein and Jeff Flake plan to introduce legislation that would prohibit anyone who has traveled to Syria or Iraq in the last five years from traveling to the United States using the VWP and instead require them to obtain a traditional visa stamp.

Not everyone is welcoming changes to the Visa Waiver Program. California Travel Association President Barbara Newton and leaders of several California tourism boards are concerned that changes to the VWP could affect the billion-dollar tourism industry. “We certainly support security and safety of our citizens and everyone around the world,” Newton said to the LA Times. “But we don’t want to see the government do something that would disrupt business and travel.”