A group of Republican lawmakers called on Department of Homeland Security (DHS) Secretary Kristi Noem and Secretary of State Marco Rubio to take immediate action Wednesday to address the exploitation of the Visa Waiver Program (VWP) by Chilean criminal organizations.
The lawmakers highlighted how these groups are using the program to enter the United States and commit widespread burglaries, robberies, and other crimes, victimizing thousands of Americans.
The letter, signed by Representatives Chip Roy (R-TX), Tom McClintock (R-CA), Andy Ogles (R-TN), Andy Harris (R-MD), Scott Fitzgerald (R-WI), Michael Cloud (R-TX), Randy Weber (R-TX), Mark Harris (R-NC), Andy Biggs (R-AZ), Keith Self (R-TX), and Lance Gooden (R-TX), urges the Trump administration to hold Chile accountable for its failure to comply with VWP requirements and to revoke its participation in the program if necessary.
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The VWP allows citizens of 42 participating countries to enter the United States for up to 90 days without a visa for business or tourism purposes. One of the key requirements for participation is that countries must enter into an Agreement on Enhancing Cooperation in Preventing and Combating Serious Crime (PCSC) with the U.S. to ensure that individuals with criminal backgrounds are screened out during the Electronic System for Travel Authorization (ESTA) process.
However, Chile, which joined the VWP in 2013, has consistently failed to provide U.S. authorities with the necessary criminal background information on its nationals. This loophole has allowed Chilean organized crime rings to exploit the program, leading to a surge in “burglary tourism” across the United States. These criminal groups, often referred to as “South American theft gangs,” have been linked to residential and commercial burglaries, follow-home robberies, and thefts in at least 25 states.
The lawmakers cited alarming statistics and testimony from law enforcement officials to underscore the severity of the issue. In 2022 alone, over 350,000 Chilean nationals entered the U.S. under the VWP. According to Orange County Senior Deputy District Attorney Bradley Schoenleben, who testified before the House Judiciary Committee in July 2023, these criminal syndicates use sophisticated technology, such as Wi-Fi and cell phone jammers, to carry out their operations. Victims have reported losing millions of dollars in cash, jewelry, and other valuables.
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The problem has garnered bipartisan concern, with lawmakers and law enforcement agencies across the country calling for action. The Federal Bureau of Investigation (FBI) is currently working with 750 law enforcement agencies in all 50 states to combat these crimes. Despite this, the Biden administration failed to secure Chile’s cooperation or address the abuse of the VWP during its tenure.
The Republican lawmakers urged Secretaries Noem and Rubio to take decisive steps to address the crisis. Specifically, they called for:
- Requiring Chile to Share Security Records: The lawmakers demanded that Chile comply with its obligations under the PCSC agreement by providing U.S. authorities with criminal background information on VWP applicants.
- Revoking Chile’s VWP Status: If Chile refuses to cooperate, the lawmakers urged the administration to revoke its participation in the VWP, citing the precedent set in 2002 when Argentina lost its VWP status for failing to meet program requirements.
- Ensuring Compliance from Other Countries: The letter also called for increased scrutiny of other VWP countries to prevent similar abuses by foreign criminal organizations.
In addition to urging executive action, the lawmakers announced plans to draft legislation to close vulnerabilities in the VWP and ensure long-term reforms.
“We must uphold the integrity of our immigration system and safeguard our communities from these security threats,” the letter stated.
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