US-VISIT Program Expands to U.S. Permanent Residents
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The Department of Homeland Security (DHS) published a final rule on December 19, 2008 that will subject U.S. permanent residents ("green card" holders) to the US-VISIT (United States Visitor and Immigrant Status Indicator Technology) travel screening requirements. As frequent MurthyDotCom and MurthyBulletin readers may recall, the possible expansion of the program to include permanent residents was covered in our August 11, 2006 article, US-VISIT Program: Proposed Expansion to Include Permanent Residents. The program, which started January 5, 2004, requires the fingerprinting and photographing of most nonimmigrant foreign nationals applying for admission to the U.S. The final rule now extends the provisions to include U.S. permanent residents. This rule takes effect on January 18, 2009.
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US-VISIT Program Created to Help Identify those Entering U.S.
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As long-time MurthyDotCom and MurthyBulletin readers read in our January 9, 2004 article, US-VISIT Underway, US-VISIT is aimed at verifying the identity of nonimmigrants seeking to enter the United States. As part of the program, digital finger scans are used to verify that the individual seeking to enter is the same person to whom the visa or other travel documents were issued. It is also used to check for new information (arising after visa or other document issuance) regarding involvement in terrorism or crime.
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Exceptions from US-VISIT Finger Scans and Other Requirements
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Some Canadian citizens, individuals traveling on A and G visas, children under the age of 14, and individuals over the age of 79, among others, are not required to participate in the program. A comprehensive listing of those exempted from US-VISIT can be accessed on the DHS WebSite. Of course, since US-VISIT applies only to foreign nationals, U.S. citizens are also exempt from the program's requirements.
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Potential Implications of the Expansion of U.S. VISIT
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While there are advantages in expanding US-VISIT to include green card holders, including reducing the incidence of document fraud and potentially enhancing national security, the privacy interests of permanent residents will likely be eroded. An anomaly is also created by excluding certain classes of nonimmigrants from undergoing additional security measures upon entry to the U.S., while at the same time requiring that lawful permanent residents undergo the process of additional scrutiny. As mentioned in the comments to the rule, permanent residents have already undergone background checks and otherwise been scrutinized. Many permanent residents have resided in the U.S. for many years for suspicion - without incident or reason. However, they will now undergo the additional screening to reenter the U.S. after foreign travel.
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Conclusion
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It remains to be seen whether the benefits of expanding US-VISIT to include permanent residents outweigh the costs associated with implementing the program. MurthyDotCom and MurthyBulletin readers will be apprised of the program's efficacy once it is implemented.