Published April 28, 2016
The Obama administration on Thursday eased visa rules for certain European travelers who have visited terror hotspots in the Middle East and Africa, triggering a backlash from congressional lawmakers who sought the restrictions for security reasons.
Moments after the announcement, two key Republicans declared the administration is “blatantly breaking the law” – a law that President Obama signed – by implementing the changes.
“This is not a difference of opinion over statutory interpretation, it is a clear contradiction of the law and the agreement we reached with the White House,” House Homeland Security Committee Chairman Michael McCaul, R-Texas, and Rep. Candice Miller, R-Mich., author of the bill, said in a statement.
The revised requirements announced Thursday pertain to changes passed by Congress in the Visa Waiver Program.
Lawmakers had sought new restrictions to tighten up the program – which allows visa-free travel for residents of eligible countries -- in order to prevent Europeans who have joined ISIS from entering the United States. Under the newly passed Visa Waiver Improvement and Terrorist Travel Prevention Act of 2015, nationals of Iraq, Iran, Syria and Sudan as well as other travelers who have visited those countries since Mar. 1, 2011 now must apply for a visa in order to travel to the U.S.
The administration implemented those changes Thursday -- but with some changes of its own.
Under the revised requirements, some Europeans who have traveled to those four countries in the last five years may still be allowed to travel to the United States without obtaining a visa if they meet certain criteria.
The administration announced it will use its waiver authority -- granted to it in the legislation -- to give waivers to travelers who traveled to the terror hotspots as journalists, for work with humanitarian agencies or on behalf of international organizations, regional organizations and sub-national governments on official duty.
Further, an additional waiver was announced for people who have traveled to Iran “for legitimate business-related purposes” since the conclusion of the Iran nuclear deal in July. The administration offers waivers for individuals who have traveled to Iraq for business as well.
Republicans reacted angrily to the waivers, saying the Obama administration had exploited the limited authority and has compromised national security.
“President Obama and his administration’s decision to abuse their limited waiver authority and allow scores of people who have traveled to or are dual nationals of countries like Iraq and Syria flies in the face of reason and congressional intent,” House Judiciary Committee Chairman Bob Goodlatte, R-Va., said in a statement.
“The Obama Administration is essentially rewriting the law by blowing wide open a small window of discretion that Congress gave it for law enforcement and national security reasons,” Goodlatte said.
Under the visa program itself, citizens of 38 countries, mostly in Europe, are generally allowed to travel to the United States without applying for a visa. But they still have to submit biographical information to the Electronic System for Travel Authorization, or ESTA.
The Homeland Security Department said waivers for some ESTA applicants will be granted on a "case-by-case" basis. Those travelers who are denied visa-free travel can still apply for visa through a U.S. embassy in their home country.
The new restrictions had previously been criticized by the Iranian government which suggested the U.S. might be violating the nuclear deal by penalizing legitimate business travel to the country.
The Associated Press contributed to this report.