Visa Security Policy: Roles of the Departments of State and Homeland Sec
LIBRARY OF CONGRESS WASHINGTON DC CONGRESSIONAL RESEARCH SERVICE
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The case of Umar Farouk Abdulmutallab, who allegedly attempted to ignite an explosive device on Northwest Airlines Flight 253 on December 25, 2009, has refocused attention on the responsibilities of the Departments of State and Homeland Security for the visa process. He was traveling on a multi-year, multiple-entry tourist visa issued to him in June 2008. State Department officials have acknowledged that Abdulmutallabs father came into the Embassy in Abuja, Nigeria, on November 19, 2009, to express his concerns about his son, and that those officials at the Embassy in Abuja sent a cable to the National Counterterrorism Center. State Department officials maintain they had insufficient information to revoke his visa at that time. Foreign nationals i.e., aliens not already legally residing in the United States who wish to come to the United States generally must obtain a visa to be admitted, with certain exceptions noted in law. The Departments of State DOS and Homeland Security DHS each play key roles in administering the law and policies on the admission of aliens. Although the DOSs Consular Affairs is responsible for issuing visas, the U.S. Citizenship and Immigrant Services USCIS in DHS approves immigrant petitions, the Immigration and Customs Enforcement ICE in DHS operates the Visa Security Program in selected embassies abroad, and the Customs and Border Protection CBP in DHS inspects all people who enter the United States. In addition, the Executive Office for Immigration Review EOIR in the U.S. Department of Justice DOJ has a significant policy role through its adjudicatory decisions on specific immigration cases. Although there was a discussion of assigning all visa issuance responsibilities to DHS when the department was being created, the Homeland Security Act of 2002 P.L. 107-296 opted not to do so.
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