Looking Forward to International Visits from Friends and Family in 2016? Better Hope They’re Not Dual Nationals of Certain Countries.

December is the time for decking the halls, hitting the malls, and celebrating the holiday season with family and friends — many of whom are flying in from all over the world. 

Yet most Americans don’t know that Congress is poised to pass a law that will make it harder for many Europeans, Asians, Australians, and others to visit the U.S. In response to the November terrorist attacks in Paris, Congress and the White House hastily cobbled together a bill to tighten controls in the visa waiver program (VWP) and assured its passage by tacking it onto the must-pass government funding bill. What will be the net result of this rushed visa waiver bill, drafted on the heels of the terrorist attacks in Paris? A new law that enshrines discrimination against dual nationals of Iran, Iraq, Sudan, or Syria, who live in VWP countries. 

Established decades ago, the VWP facilitates international tourism, trade, and business among 38 countries.  In 2014, more than 20 million travelers arrived here through the VWP, including more than 13 million from Europe. While here, these travelers “generated $190 billion in economic output and supported nearly one million American jobs,” according to the U.S. Travel Association.

Reciprocity is the hallmark of the VWP. Under the VWP, all citizens can travel, visa-free, to VWP countries. The VWP allows British tourists to come to the U.S. visa-free, and in turn, American college students can go to Europe visa-free. The VWP allows Japanese high-tech executives to travel to Silicon Valley, and American executives to fly to Tokyo — on short notice.

The visa waiver bill folded into the government spending bill, however, could fundamentally shake up international travel. Starting in 2016, citizens of VWP countries will lose their visa-free travel privileges if they are dual nationals of Iran, Iraq, Sudan, or Syria. This revocation of travel privileges will apply to many dual nationals — even if they have never set foot inside Iran, Iraq, Sudan, or Syria. 

What will be the impact of the new visa waiver law? A German citizen, who has lived in Berlin her entire life, will lose her visa-free privileges if her father is an Iranian citizen — even if she herself has never been to Iran. Two-hundred-thousand people moved to Germany following the 1979 Iran revolution, including many who were exiled. They and their children became German citizens, but under Iranian law they will never lose their Iranian citizenship — thus making them dual nationals. 

Starting in 2016, these German-Iranian dual nationals will need to apply for visitor visas, pay a $160 fee, attend an interview at a U.S. consulate, and pass additional background checks before coming to the U.S. They will need to clear these extra hurdles if they’re coming to the U.S. for any visitor purpose — whether to attend a family reunion, tour the Grand Canyon, or attend petroleum industry meetings in Texas. 

As the German ambassador to the U.S. recently said, “Is that the group you want to target? Do you want to target the people who were exiled by the mullahs and penalize them?”

Practically speaking, the new visa waiver law will create two tiers of travelers in VWP countries:  (1) those who can continue to come here visa-free and (2) those who can’t because they’re dual nationals of Iran, Iraq, Sudan, or Syria. There is no justification for such differential treatment. That’s rank discrimination based on nationality and parentage.  And it’s wrong and un-American. 

The new law will also strip visa-free privileges from anyone who has been to Iran, Iraq, Sudan, or Syria since March 2011. This includes weapons inspectors examining Iran nuclear facilities, social workers interviewing Kurdish refugees in Iraq, physicians treating patients in Darfur, and human rights investigators documenting atrocities committed by ISIL. 

In the wake of the terrorist attacks in Paris, it is understandable that Congress and the White House are beefing up VWP security. But this could be done without enshrining discrimination against people based on their nationality and parentage.  The ACLU calls upon Congress and the White House to fix the discriminatory visa waiver travel restrictions, thereby safeguarding America’s security without sacrificing civil liberties.  

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Anonymous

Sorry, but I think that's a excellent law at this time.

Anonymous

You are obviously not a dual citizen. Did you not ask why Iran is on the list when none of the Paris terrorists were Iranian? And the two who killed 14 in CA were from Pakistan and Saudi Arabia. Pick the right country if you want to beef up security.

Anonymous

It is ironic that every person involved in the Paris Attack who was a citizen of France and Belgium can still enter USA without a Visa. How is this making USA any more safe than before.

Anonymous

HR158 is not addressing the terrorist issue. I hate all act of terror and we need to be vigilant and do all we can to stop it. The terrorists of 911, Paris and San Bernardino would not have been identified given this bill. The people who committed these horrific murders are not from the counties listed.

Anonymous

Are the targeted countries part of the VWP program? If they are not you are wasting your time and the money I send you. Your article carefully ignores the very likely fact that these countries are NOT part of this program.

Did some go-getter intern come up with your interest in this? The affected Australians with strong ties to non VWP countries can still apply for and receive a visa.

Spend your time on keeping our police from killing us in the streets. Spend your time stopping for profit prisons from violating our liberties and rights. Spend more time on digital liberties.

Stop stirring it up around non-issues.

Dan

I will donate to ACLU today! Let's turn this ridiculous and embarrassing un-American law which causes nothing but frustration and anger around. A visa free travel does not mean a background check free travel. Beef up the security measures on the whole VW program not target innocent individuals.

Richard, Combat...

"Dual" national means they've also been accepted as American citizens already. If a person were unaccepted as an American national it might make sense but as a dual national it's completely senseless.
My friends didn't die in Vietnam so that one day we could adopt the attitude of ingratitude toward the freedoms for which they died. Their demise was stupid enough without adding that to it.
Two of them were shredded by a shrapnel mine, a "bouncing Betty." Another was set on fire by napalm; another was hit by a pineapple grenade and several were killed in an ambush.
If we don't ever think differently of people and each other, we'll never end the wars between nations.
"If we don't end war, war will end us." H.G. Wells

Anonymous

This law is the epitome of modern bigotry in America. Shame on Congress and whoever else that supports this kind of discrimination. Had this law been in place from the beginning it would NOT have prevented a single terrorist act. Not 9/11, not Paris and not San Bernardino. It will do nothing for safety and it will further alienate over 1 million Iranian-Americans and other Iranian dual nationals from around the world whose only sin was being born in the wrong country and/or to the wrong parents.

As always, thanks for fighting for our rights ACLU! I will donate today!

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