Legislative Update: Enhanced Border Security and Visa Entry Reform Act of 2002

On May 14, President Bush signed into Law the Enhanced Border Security and Visa Entry Reform Act of 2002. The law focuses on securing the borders of the United States and provides funding to that end. The law also calls for interagency cooperation. The bill provides for funding to increase the number of border patrol agents at the northern and southern borders, including pay incentives for those agents remaining in the position more than one year. Additional staff will be allocated for those airports that receive a significant number of individuals who arrive from countries that do not have preclearance checks and those airports that have high incidents of fraud. In an attempt to reduce fraud, the President has called for the adequate staffing and training of consular offices in detecting fraudulent visa applications.

The President has provided funding to enhance the technology at the border as well as to provide additional training for those agents at the border. The improvements will hopefully ease the flow of commerce and individuals across the borders and make it possible for preclearance for entry into the United States. The bill also calls for the federal law enforcement data bases to be linked to those of the INS and Department of State to aid in the issuance of visas to individuals wishing to enter the United States.

The President has stressed interagency cooperation to enhance border security. To that end, the bill requires the INS and the Department of State to submit the necessary information they need from other governmental agencies and the intelligence sectors that would allow them to effectively protect the borders and prevent the entry of those individuals who are inadmissible to the President and congressional committees. The collection of information raises many privacy concerns. As a result, the law provides limitations on the use and dissemination of the collected data. In addition, the bill provides guidance for incorrect and outdated information, including criminal penalties for the misuse of the data collected.

In an effort to safeguard and confirm the identity of individuals traveling, the bill requires that travel documents that contain biometric identifiers be issued. Those countries participating in the Visa Waiver program will also be required to issue travel documents with biometric identifiers as a condition of remaining in the program. In addition, biometric scanners must be installed at all ports of entry in the United States. This mandate carries with it the necessary funding requirements.

The countries participating in the Visa Waiver program must also establish a reporting system to alert the United States of all the stolen blank passports. This will aid in the enhanced security at the borders given that individuals from visa waiver countries simply present their passports at the ports of entry and are not subject to security clearances at United States embassies and consulates prior to entry to the United States.

The enhanced border security bill calls for a great deal of interagency cooperation and increased effort by the INS and Department of State to take an active role in securing the United States borders against undocumented and falsely documented individuals. Only time will tell if a more secure border will be the result of interagency cooperation. The new Homeland Security Agency discussed above will further revamp the Security of the U.S.

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