Dear Mr. JECG:

Thank you for contacting me with your opposition to the visa waiver program. I appreciate hearing from you on this important issue.

Since the events of September 11, 2001, concerns have been raised about the ability of terrorists to enter the United States under the visa waiver program (VWP). Nonetheless, the inclusion of countries in the VWP may help foster positive relations between the United States and those countries, and promote tourism, commerce, and cooperation in preventing terrorism. The VWP allows nationals from certain countries to enter the United States as temporary visitors for business or pleasure without first obtaining a visa from a U.S. consulate abroad. Temporary visitors for business or pleasure from non-VWP countries must obtain a visa from Department of State (DOS) officers at a consular post abroad before coming to the United States. The VWP constitutes one of a few exceptions under the Immigration and Nationality Act (INA) in which foreign nationals are admitted into the United States without a valid visa.

By eliminating the visa requirement, this program facilitates international travel and commerce and eases consular office workloads abroad, but it also bypasses the first step by which foreign visitors are screened for admissibility to enter the United States. In FY2005, 15.8 million visitors entered the United States under this program, constituting 56% of all overseas visitors. To qualify for the VWP, the INA specifies that a country must: offer reciprocal privileges to U.S. citizens; have had a nonimmigrant refusal rate of less than 3% for the previous year or an average of no more than 2% over the past two fiscal years with neither year going above 2.5%; issue their nationals machine-readable passports that incorporate biometric identifiers; certify that it is developing a program to issue tamper-resident, machine-readable visa documents that incorporate biometric identifiers which are verifiable at the country's port of entry; and not compromise the law enforcement or security interests of the United States by its inclusion in the program. Countries can be terminated from the VWP if an emergency occurs that threatens the United States' security interests.

All aliens entering under the VWP must present machine-readable passports. In addition, passports issued between October 26, 2005, and October 25, 2006, must have a digitized photo on the data page, while passports issued after October 25, 2006, must contained electronic data chips (e-passports). Under Department of Homeland Security (DHS) regulations, travelers who seek to enter the United States through the VWP are subject to the biometric requirements of the US-VISIT program.

Numerous countries, including Poland, Estonia, Israel, and South Korea, have expressed interest in being a part of the VWP. DHS and DOS have provided these countries with "road maps" to help them meet the requirements of the program. However, some of the countries have complained that the "road maps" do not contain milestones or time tables. In addition, others contend that since U.S. consular officers are the ones that approve or disapprove applications for visas, it is extremely difficult for countries to affect their visa refusal rates and meet the requirements of the program.

I share your concern about illegal immigration, which includes overstaying visitor visas, and the dangers that come with it. I believe the best answer to addressing this problem is full and effective enforcement of our immigration laws. In order to ensure full enforcement, Congress must provide the resources necessary for the job. I will keep your thoughts and concerns in mind as Congress continues to debate immigration policy and the war on terror.

Thank you again for writing to me on this issue. If I can be of any additional assistance, please contact me at 503-326-2901 or 800-422-4003. If you would like to receive regular email updates from me, please go to my website at www.house.gov/wu to sign up.

With warm regards,