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President Donald J. Trump is Taking Action to Reduce Visa Overstays and Uphold the Rule of Law

We have laws that need to be followed to keep Americans safe and to protect the integrity of a system where, right now, there are millions of people who are waiting in line to come to America to seek the American Dream

President Donald J. Trump

ENFORCING A LAWFUL VISA SYSTEM: President Donald J. Trump is combating nonimmigrant visa overstays as part of his commitment to uphold the rule of law.

  • President Trump is signing a Presidential memorandum addressing the high number of nonimmigrant visa recipients who stay past their authorized time in our country.
  • President Trump is directing the Secretaries of State and Homeland Security to find effective ways to combat the rampant number of overstays.
  • At President Trump’s direction, the Secretary of State will work to ensure countries with visa overstay rates higher than 10 percent address this problem.
  • The Secretaries of State and Homeland Security will make recommendations within 120 days on actions to limit overstays.
    • One action being considered would suspend or limit entry of individuals from countries with high rates of visa overstays.
  • The Department of Homeland Security (DHS) will explore ways to reduce overstays from countries participating in the Visa Waiver Program.
  • The Trump Administration will develop measures for implementing admission bonds as a potential way to improve compliance with visas.

COMBATING VISA ABUSE: The rampant problem of visa overstays is undermining the rule of law and straining resources that are needed to address the crisis at our southern border.

  • Visa overstays are a widespread problem that harm the integrity of our immigration system.
  • As of March 2019, there were over 415,000 individuals in the United States suspected to still be in the United States after overstaying their nonimmigrant visas in fiscal year (FY) 2018.
  • Twenty countries have overstay rates of more than 10 percent—some with rates as high as 20, 30, or 40 percent.
  • Countries not part of the Visa Waiver Program accounted for more than 300,000 total overstays in FY 2018.
  • The large number of aliens overstaying their period of lawful admission places a significant strain on our law enforcement and immigration officials who are needed to address the ongoing border crisis.

FURTHER REDUCING OVERSTAYS: President Trump’s memorandum will strengthen the efforts his Administration has already undertaken to reduce overstays.

  • Under President Trump’s leadership, DHS efforts led to a decrease in visa overstays from FY 2017 to FY 2018.
  • Customs and Border Protection (CBP) is using advanced biometrics at border crossings to confirm traveler identities and identify overstays.
  • DHS has worked to strengthen the integrity of the Visa Waiver Program by notifying travelers who have overstayed their visas and informing them of the consequences for not complying.
  • CBP has begun notifying Visa Waiver Program travelers before their admission period ends.
  • DHS requires Visa Waiver Program countries with an overstay rate exceeding two percent to implement public awareness campaigns that warn against overstaying visas.

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