May 26, 2019

May 24, 2019

Subscribe to Latest Legal News and Analysis

May 23, 2019

Subscribe to Latest Legal News and Analysis

Presidential Memorandum on Combating High Nonimmigrant Overstay Rates

On April 22, President Trump, in a quick turn to interior immigration enforcement, issued a Presidential Memorandum (Memo) initiating a process to develop administration initiatives to address visa overstays in the United States. Last week, the Department of Homeland Security released the Fiscal Year 2018 Entry/Exit Overstay Report, stating a total overstay rate of 1.22%, or 666, 582 overstay events, among other metrics.

The Memo directs federal agencies to develop plans to address, mitigate, and enforce immigrations laws. The Memo deliverables include the following, among others:

  • Within 120 days of the date of this memorandum, the Secretary of State, in consultation with the Attorney General and the Secretary of Homeland Security, shall provide to the President recommendations to reduce B-1 and B-2 nonimmigrant visa overstay rates from the identified countries.  With respect to any of the identified countries, the recommendations may include, as appropriate and to the extent consistent with applicable law, a proclamation, relying on authorities such as sections 212(f) and 215 of the INA (8 U.S.C. 1182(f) and 1185(a)), suspending or limiting entry of nationals of those countries who hold B-1 or B-2 visas; targeted suspension of visa issuance for certain nationals; limits to duration of admission, to be implemented by the Department of Homeland Security; and additional documentary requirements.

  • Within 180 days of the date of this memorandum, the Secretary of Homeland Security shall provide to the President a summary of the Department of Homeland Security’s ongoing efforts to reduce overstays from countries participating in the Visa Waiver Program, to include any recommendations for additional action necessary and appropriate to ensure the integrity and security of that Program.

  • Admission Bonds.  The Secretary of State and the Secretary of Homeland Security shall take steps to develop measures required for imposing admission bonds as a means for improving compliance with the terms and conditions of nonimmigrant visas.  The Secretaries shall provide a status report to the President within 120 days of the date of this memorandum.

Please see a previous post on the 2017 Entry/Exit Overstay Report and legislation addressing interior immigration enforcement in the last Congress and the current Congress (H.R. 2260, the ”E-bonding for Immigration Integrity Act of 2019”).

Please check back as updates on this process and others will be posted as information becomes available.

©2019 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