The President’s Waiver of Restrictions on the Visa Waiver Program

PURPOSE:

• To examine and assess the impact of Congressional changes made to the Visa Waiver Program (VWP) to prevent terrorists from exploiting the program.
• To review steps taken by the Administration to waive the newly passed requirements.
• To consider vulnerabilities posed by dual nationals who seek to commit terrorist acts while utilizing passports issued by their different governments of nationality.

BACKGROUND:

• In the 2016 Consolidated Appropriations Act, Congress enacted several changes to the VWP.
• These changes prevent foreign nationals who have traveled to Syria, Iraq, Iran, and other countries of concern from using the VWP.
• The changes would also prevent dual nationals of these countries and VWP countries from entering the United States.
• On January 21, 2016 the Administration announced it would use the limited law-enforcement exception in the Visa Waiver Improvement and Terrorist Travel Prevention Act to allow certain individuals who have traveled to Iran, Iraq and Syria to be issued waivers.