U.S. Senators Marsha Blackburn (R-Tenn.), John Cornyn (R-Texas), and 12 other senators have introduced the Visa Integrity Preservation Act, aiming to close a loophole that, according to the senators, the Biden-Harris administration exploited in June 2024 to grant amnesty to individuals who entered the U.S. without inspection or overstayed their visas.
“Since day one in office, the Biden-Harris administration has made it crystal clear that they support an open border and providing mass amnesty to illegal immigrants through unlawful catch-and-release programs,” said Senator Blackburn. “Our Visa Integrity Preservation Act would stop the Biden-Harris administration from devaluing U.S. citizenship and making illegal immigration legal.”
“For almost four years, the Biden-Harris administration has waived their magic amnesty wand to create unlawful programs that allow any and every person to enter and stay in the U.S. – legally or not,” said Senator Cornyn. “By strengthening the laws already on the books, our legislation would root out this massive pull factor while also preserving the integrity of our employment-based nonimmigrant visa program, and I’m grateful to my colleagues for their support.”
Current U.S. immigration law restricts reentry for those who overstay their visas or enter illegally. Individuals who overstay cannot return for up to 10 years if they leave, while those entering unlawfully face a complete reentry ban.
Additionally, visa applicants must undergo an in-person interview at a U.S. consulate abroad, with the Secretary of State only allowed to waive this requirement in specific cases of national interest or emergencies.
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In June 2024, the Biden-Harris administration announced an initiative to provide amnesty to over 500,000 undocumented immigrants, including spouses of U.S. citizens, by waiving the in-person consular interview requirement.
This action enables individuals who have overstayed visas or entered the U.S. illegally to obtain temporary work visas without leaving the country, which critics argue infringes on Congressional authority over immigration policy and risks using nonimmigrant visa programs to provide amnesty.
Visa Integrity Preservation Act Details
The Visa Integrity Preservation Act would amend the Immigration and Nationality Act to clarify that individuals who entered the U.S. illegally or overstayed visas for more than 180 days are ineligible for a waiver of the in-person consular interview requirement.
They would need to depart the U.S. for an interview before qualifying for a nonimmigrant visa, preserving the integrity of current laws at U.S. Ports of Entry.
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Co-Sponsors
The bill is co-sponsored by Senators Ted Cruz (R-Texas), Thom Tillis (R-N.C.), Jim Risch (R-Idaho), Mike Crapo (R-Idaho), Ted Budd (R-N.C.), Dan Sullivan (R-Alaska), Steve Daines (R-Mont.), Katie Britt (R-Ala.), Bill Hagerty (R-Tenn.), Pete Ricketts (R-Neb.), James Lankford (R-Okla.), and Tommy Tuberville (R-Ala.).
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