of visa applications were flagged to receive a more extensive counterterrorism review.190 If a visa was approved, it was not typically screened against classified databases again. Today the State Department forwards 100 percent of visa applications to NCTC for deeper, more sophisticated screening to uncover possible terrorism connections.191 The Department also continuously checks visas against government databases in case new information is discovered tying an individual to terrorist activity. These improvements have led to the denial of thousands of U.S. visas due to counterterrorism concerns, some of which may not otherwise have been detected.193
In higher-risk foreign countries, the U.S. government has implemented an added defensive measure, the Visa Security Program (VSP). VSP is run by DHS in 19 countries and aims to do more in-depth counterterrorism screening to keep violent extremists from gaining entry into America. At these higher-threat locations, visa applications undergo a more rigorous screening process, including an immediate national security review when their immigration application is submitted online, which allows Immigration and Customs Enforcement (ICE) agents to flag concerns with an applicant even before they show up at the embassy for an interview. The additional time and manpower of Visa Security Units (VSUs) allows for suspicious applicants to be vetted more thoroughly. Once DHS has made a determination on the applicant, it provides the State Department with a recommendation on the individual’s admissibility.194
VSP runs applications through a system called PATRIOT (Pre-Adjudicated Threat Recognition and Intelligence Operations Team) well before State Department officers review the applications. PATRIOT culls through public safety, criminal, and national security databases and gives analysts in Washington, D.C. the opportunity to do a deeper review to ensure U.S. authorities do not have information on an applicant that would be reason to deny them entry into the country. When an application is flagged through the VSP, an officer at the relevant U.S. overseas post is assigned to it and can do additional work on-the-ground in the host country to resolve any concerns.195
The Task Force believes the VSP is a valuable additional layer of security. We also recognize the VSP could be expensive to deploy globally, given that DHS prefers to have an agent on the ground to conduct follow-on reviews after an application is initially screened. However, we believe the up-front screening that occurs as part of the VSP—an immediate and automatic national security review of each visa application through the PATRIOT system—does not need to be limited to only the 19 existing VSP countries when there are 225 U.S. visa-issuing posts worldwide.
Over time, PATRIOT screening could be expanded virtually to all visa-issuing posts worldwide and provide an extra layer of security to help State Department officers decide which individuals should be granted entry into the United States and which should not. Under the current system, a full counterterrorism review sometimes does not occur until weeks after an application is submitted; near-instant security checks would help give the U.S. government additional lead time to do background investigation on applications which get flagged, offering more opportunities to uncover previously unknown terrorist ties. The VSP program has already helped identify new terrorist tactics and has provided additional information on known extremists, so we believe finding a way to deploy some elements globally would yield additional national security benefits.
Recommendation: DHS, in conjunction with the Department of State, should strengthen security screening of travelers who require a visa by working to deploy virtual elements of the VSP globally, specifically through the expanded use of the PATRIOT screening system. PATRIOT is currently used for remote screening; however it only supports locations in which VSP units currently exist. DHS should consider expanding the use of the system to additional high-risk embassies and consulates where VSP units may not currently have a presence.196 DHS should also explore conducting full VSP reviews using more cost-effective means— particularly by training other U.S. government personnel to do the on-the-ground VSP assessments in countries where DHS has a more limited presence.
Key Finding 23: The Administration has improved the security of the Visa Waiver Program (VWP), but continuous enhancements must be made to keep pace with changing terrorist tactics and to detect violent extremists before they board U.S.-bound planes.
Some critics have labeled the VWP the “Achilles’ heel” of U.S. security out of fear that foreign fighters from those countries will be able to slip into the United States undetected. It is true that most European jihadists who have fought in Syria are from VWP countries, and although such residents can get into America with greater ease, they are still subjected to security checks. Moreover, their home countries must implement travel security enhancements in order to participate in the program.
Citizens of VWP countries can travel to the United States for up to 90 days without having to obtain an entry visa; in return, U.S. citizens must also be allowed to travel visa-free to the participating country. VWP countries tend to be developed economies that are viewed as a low security threat to America, and the program brings substantial economic benefits to the United States and participating nations.
In place of a visa, VWP travelers must fill out the Electronic System for Travel Authorization (ESTA), when booking travel to the United States. This online form provides key information on each traveler to U.S. authorities and is screened against terrorist watchlists and criminal databases. Due to the heightened concerns about foreign fighters, DHS announced in November 2014 that VWP travelers would be required to submit additional information, including aliases, citizenships, parents’ names, national identification number, contact information, employment information, and city of birth.197 Additional information makes it easier for law enforcement to identify terrorists and to expedite legitimate travel. Moreover, ESTA forms are continuously screened against the watchlist and other security databases to ensure no new ties to terrorism are detected after an individual has been approved.198
There are currently 38 VWP countries, 30 of which are in Europe.199 To participate, the U.S. government requires that countries meet several standards and implement security improvements, including: (1) issuing their residents secure, machine-readable passports; (2) having less than a three percent visa-refusal rate into the United States; (3) reporting lost/ stolen passports; (4) sharing information with U.S. authorities on travelers (including criminals and known or suspected terrorists); (5) requiring its residents to fill out an online authorization form, ESTA, before traveling to the United States; and (6) increasing their own airport security requirements.
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