Ever since President Donald Trump assumed office for the second time, a number of different executive orders and federal practices regarding immigration have changed dramatically.
From the intensification of border security and mass deportations from varied cities, it is clear that this particular White House is intent on sticking to its campaign promises.
And now Trump has made yet another move to discourage illegal migration … chiefly the migration that results from tourist visa overstays.
As suggested by the name, an “overstay” occurs when someone arrives to the United States on a visa – typically a tourist visa – and ends up staying in the nation longer than the visa permits.
And in several cases, the individual never leaves … which is the reasoning underlying another major move from the Department of State.
In an official public notice, State Department officials made it rather clear that the challenges associated with visa overstays would be targeted via a new “bond” program that incentivizes tourists to adhere to the terms of their visa.
In particular individuals from nations with “high overstay rates.”
“In this temporary final rule (TFR), the Department of State (the Department) announces the commencement of a 12-month long visa bond pilot program. Aliens applying for visas as temporary visitors for business or pleasure (B-1/B-2) and who are nationals of countries identified by the Department as having high visa overstay rates, where screening and vetting information is deemed deficient, or offering Citizenship by Investment, if the alien obtained citizenship with no residency requirement, may be subject to the pilot program,” the Department of State began.
In other words, the Department of State intends to amplify its vetting of tourists intending to enter the nation … especially tourists from nations known for “high overstay rates.”
Though such overstays may be discouraged if they are highly costly.
“Consular officers may require covered nonimmigrant visa applicants to post a bond of up to $15,000 as a condition of visa issuance, as determined by the consular officers,” the Department of State noted.
Yikes. A sizable sum, to be sure. Though it is a sum that the State Department insists is in alignment with recent executive orders.
“This Pilot Program responds to Executive Order 14159, ‘Protecting The
American People Against Invasion,’ which directs the Secretary of the Treasury, in
coordination with the Secretaries of State and Homeland Security, to ‘establish a system to facilitate the administration of all bonds” under the provisions of the INA,’ the Department of State continued.
Per a report from Reuters, some of the tourist bonds may also include geopolitical considerations, or “foreign policy considerations,” alongside high overstay rates.
“Countries will be identified based on high overstay rates, screening and vetting deficiencies, concerns regarding acquisition of citizenship by investment without a residency requirement, and foreign policy considerations,” Reuters mused.
And while the vast majority of tourists to the United States adheres to the requirements of their tourist visa – in particular when to leave – a sizable percentage of individuals unlawfully present in the United States originally had lawful visas … until the visas expired.
Then, in many cases, millions opted to simply remain in the United States.
“Only 1%-2% of nonimmigrant visitors overstayed their visas each year from 2016 to 2022 … However, 42% of the estimated 11 million people who live in the U.S. without authorization entered on valid visas, but then never left, data shows,” CNBC reported.
Fairly significant percentages, to put it mildly.
The Department of State has already set up a list for “Countries Subject to Visa Bonds,” which will apparently be updated on a continual basis.
At the time of this writing, two countries have been placed on the list thus far: Malawi and Zambia, both of which are located in Africa.
In addition, the Department of State also identifies three specific airports that tourists from these nations must go through:
- Boston Logan International Airport
- John F. Kennedy International Airport
- Washington Dulles International Airport
In other words, the Trump administration is seriously cracking down on the potential for tourist visa overstays in the future.
“This targeted, common-sense measure reinforces the administration’s commitment to US immigration law while deterring visa overstays,” State Department spokesperson Tammy Bruce briskly remarked.
A “targeted” approach indeed.
Author: Ofelia Thornton
