August 21, 2018

August 21, 2018

Subscribe to Latest Legal News and Analysis

August 20, 2018

Subscribe to Latest Legal News and Analysis

DHS Releases Fiscal Year 2017 Entry/Exit Overstay Report

On Aug. 7, the Department of Homeland Security (DHS) released the Fiscal Year 2017 Entry/Exit Overstay Report (or Overstay Report). Visa Overstay Reports have been requested by Congress in recent fiscal years as a means to encourage development of a barometric Port of Entry visa checking system and to report on overstays that were identified as problematic in connection with the Sept. 11, 2001, attacks in the United States.

The 2017 Overstay Report calculated a total overstay rate of 1.33 percent, or 701,900 overstay events, versus an overstay rate of 1.25 percent (739,000 overstays) in FY 2016.

More FY 2017 Visa Overstay metrics from the release:

Visa Waiver Program (VWP) Country Overstay Rate This report separates Visa Waiver Program (VWP) country overstay figures from non–VWP country figures. For VWP countries, the FY 2017 Suspected In-Country Overstay rate was 0.51 percent of the 22,472,710 expected departures.

Non-Visa Waiver Program Participant Overstay Rate  For non-VWP countries, the FY 2017 Suspected In-Country Overstay rate is 1.91 percent of the 14,659,249 expected departures.

Student or Exchange Visitor Visa Overstay Rate For nonimmigrants who entered on a student or exchange visitor visa (F, M, or J visa), DHS has determined there were 1,662,369 students and exchange visitors scheduled to complete their program in the United States. However, 4.15 percent stayed beyond the authorized window for departure at the end of their program.

Canada and Mexico Overstay Rates  Unlike other countries, a majority of travelers from Canada and Mexico enter the United States by land. Figures pertaining to Canada and Mexico are presented separately from the other countries due to the fact that air and sea information represent a much smaller portion of the Canadian and Mexican travel population. For Canada, the FY 2017 Suspected In¬-Country Overstay rate for those traveling through air and sea POEs is 1.01 percent of 9,215,158 expected departures. For Mexico, the FY 2017 Suspected In-Country Overstay rate for those traveling through air and sea POEs is 1.63 percent of 2,916,430 expected departures. This represents only travel through air and sea POEs and does not include data on land border crossings. DHS is currently working to improve its monitoring capability for land POEs.

The Overstay Report continues to be an important accountability metric for Congress and has been used as the basis for oversight and new approaches to interior immigration enforcement such as H.R. 6089, the E-bonding for Immigration Integrity Act of 2018

©2018 Greenberg Traurig, LLP. All rights reserved.

TRENDING LEGAL ANALYSIS


About this Author

Robert Maples, Greenberg Traurig Law Firm, Northern Virginia, Washington DC, Government Policy
Director

Robert Y. Maples is experienced in the Washington, D.C. federal, state and public affairs arenas. He has also been an advocate for building pragmatic alliances to resolve major social issues and has pioneered strategies for addressing complex public affairs crises in collaborative versus confrontational contexts. He continues his advocacy of pragmatic alliances in furtherance of client/government collaborations among the Congress and federal agencies, and serves as state counsel on complex client public policy matters. He is experienced in complex problem solving in...

202-530-8553