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Enhanced Border Security and Visa Entry Reform Act of 2002

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The Enhanced Border Security and Visa Entry Reform Act of 2002 was passed by Congress in 2002 and signed into law by President George W. Bush (R) on May 14, 2002. The law required the creation of a data system containing information and intelligence used for determining the admissibility or deportation eligibility of foreign-born individuals. It also required electronic copies of visa files to be made and for issued travel documents to be tamper-resistant, be machine-readable, and contain biometric identifiers.

Background

The Enhanced Border Security and Visa Reform Act of 2002 was introduced as HR 3525 in the U.S. House of Representatives by Representative Jim Sensenbrenner (R-Wis.) on December 19, 2001. Its stated purpose was to "enhance the border security of the United States." The bill was passed in the House via a voice vote on the same day as its introduction. The Senate then passed the bill with amendments by a vote of 97-0 on April 18, 2002. The House passed the amended bill by a vote of 411-0 on May 8, 2002. President George W. Bush (R) signed the bill into law on May 14, 2002.[1]

Provisions

Increased funding for border security

The Enhanced Border Security and Visa Entry Reform Act authorized funding for 200 new inspections personnel and 200 new investigations personnel for the Immigration and Naturalization Service. It also authorized funding for training for federal employees that staff the border, an expansion of the Carrier Consultant Program, and new consular personnel for the U.S. State Department.[1]

The law authorized $150 million for improved border security technology and increased fees for issuing machine-readable visas.[1]

Interagency information sharing

The Enhanced Border Security and Visa Entry Reform Act ordered the creation of a data system containing information and intelligence used for determining the admissibility or deportation eligibility of foreign-born individuals. The data system was required to be able to communicate with other law enforcement systems and to detect variations in name formats and spelling in four languages, as determined by the secretary of state.[1]

Until such a system was developed, the law required law enforcement and intelligence agencies to share such information with the Immigration and Naturalization Service. It also required the attorney general and secretary of state to develop by January 2003 a technology standard for verifying the identity of non-citizens seeking entry into the United States.[1]

Visa issuance

The Enhanced Border Security and Visa Entry Reform Act required the secretary of state to provide the Immigration and Naturalization Service electronic versions of issued visa files before such individuals enter the United States. The law required the establishment of and set standards for a data system to track the entry and exit of visa holders and required issued travel documents to be tamper-resistant, be machine-readable, and contain biometric identifiers.[1]

The law also directed the establishment of Terrorist Lookout Committees at foreign U.S. missions, required additional visa screening training for consular officers, and allows unclassified law enforcement and intelligence information on terrorists and terrorism to be provided to consular officers.[1]

The law prohibited the entry of individuals from countries deemed to be state sponsors of terrorism except on a case-by-case basis. It also established new requirements for a system of tracking lost or stolen passports.[1]

Inspection and admission of foreign individuals

The Enhanced Border Security and Visa Entry Reform Act required international flights or sea vessels to provide U.S. border officers with information on each person being transported on the aircraft or vessel. The law prohibits entry of the aircraft or vessel until such information has been provided. The law also directed feasibility studies on the establishment of new or alternative admission and inspection criteria.[1]

Foreign students and exchange visitors

The Enhanced Border Security and Visa Entry Reform Act ordered the development of electronic verification and tracking of foreign student and exchange visitor information, including visa issuance and enrollment in an educational institution. It also required the school to notify the Immigration and Naturalization Service of any foreign individual's failure to enroll within 30 days of the deadline. Under the law, the attorney general was required to collect additional information on foreign students, including date of enrollment and program of study.[1]

See also

External links

Footnotes