Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

Question: I have heard a lot about keeping better track of people from around the world who enter and exit the U.S. Earlier I thought I would never want to live in a country that has an Exit Visa System (like Cuba) and now it seems we may be implementing a similar system. Can you explain?

Answer: Pursuant to the Homeland Security Act of 2002, the Secretary of the Department of Homeland Security (DHS) is responsible for establishing an automated entry/exit system. The Department of Homeland Security has made the US-VISIT (United States Visitor and Immigrant Status Indicator Technology) program one of its top priorities. The US-VISIT, the Department’s automated entry/exit system, will expedite legitimate travelers, while making it more difficult for those intending to do us harm to enter our nation. The system is designed to collect, maintain, and share information, including biometric identifiers, through a dynamic system, on foreign nationals to determine whether the individual should be prohibited from entering the U.S.; Can receive, extend, change, or adjust immigration status; Has overstayed their visa; and/or needs special protection/attention (i.e., refugees); and enhance traffic flow for individuals entering or exiting the U.S. for legitimate purposes.

 Question: What is meant by ‘legitimate’ purposes?

Answer: That is a difficult question to answer. While the DHS might believe it knows what ‘legitimate’ purposes means, over time, the definition might be expanded. While this procedure of an exit system does not apply to U.S. Citizens, we never know what might happen in the future. We must not give up our rights to fight for our freedom.

Question: Will there be some sort of identification given?

Answer: Secretary Ridge announced in April that the US-VISIT system will be capable of capturing and reading a biometric identifier at air and sea ports of entry before the end of 2003. This system is said to be capable of scanning travel documents and taking fingerprints and pictures of foreign nationals, which then could be checked against databases to determine whether the individual should be detained or questioned concerning possible terrorist or criminal involvement.

Question: What will the government do with this information?

Answer: The US-VISIT system will be implemented incrementally, but eventually will collect information on the arrival and departure of most foreign nationals such as: date; nationality; classification as an immigrant or non-immigrant; complete name; date of birth; citizenship; sex; passport number and country of issuance; country of residence; U.S. visa number, date and place of issuance (where applicable); alien registration number (where applicable); and complete address while in the United States. The information will be stored in databases maintained by DHS and the Department of State as part of an individual’s travel record.

The other system known as NSEERS is a system implemented to make certain that people in the U.S. who are not U.S. Citizens and are from countries around the world that the U.S. believes is involved in terrorist activities must register with the government before leaving. Again, while most of us do not believe it will affect us at the present time, the U.S. government is doing more and more things to affect the rights of people. That is why we must fight for our fellow immigrants and stand up when we believe that their rights have been violate. We do not know when the government might be at our doorstep.

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Filed under: Department of Homeland Security (DHS), Immigration Law, immigration provisions, US-VISIT System, USCIS | Tagged: DHS, US-VISIT System |