The US will begin electronically fingerprinting and photographing individuals from Visa Waiver Program countries beginning no later than September 30th of this year. The announcement by the Department of Homeland Security and Department of State jointly announced the extension of the US-VISIT program to nationals of the 27 Visa Waiver Program countries and also noted that the deadline for those 27 countries to start issuing machine-readable passports will be extended until October 2006. More than 2.5 million people have already been processed under the US-VISIT program since it was launched in early January of this year.

“In our ongoing collaboration between the Departments of State and Homeland Security, we are making two complementary decisions,” said Asa Hutchinson, Under Secretary of Border and Transportation Security of the Department of Homeland Security. “Since most countries are unable to meet the original October 2004 date to include biometrics in passports due to several technology-related reasons we have asked Congress for a two year extension of that requirement. Also, by September 30, visitors traveling under the Visa Waiver Program who arrive at airports and seaports will be enrolled in US-VISIT.”

The Visa Waiver Program is used by 13 million visitors each year from 22 countries as well as Australia, Singapore, New Zealand, Brunei and Japan. For more information on the program, visit the article on our web site at http://www.visalaw.com/02feb2/12feb202.html.

The US-VISIT program is already being used to track visitors from the rest of the world’s countries. The Department of Homeland Security claims that more than 200 individuals have already been intercepted due to immigration or criminal violations as a result of the US-VISIT program. These include convicted rapists, drug traffickers, individuals convicted of credit card fraud, a convicted armed robber and numerous immigration violators and individuals attempting visa fraud. Biometric identifiers will make it harder, according to the DHS, for individuals to enter the US using false documents.

Under the program, Visa Waiver visitors will arrive at a US airport or seaport and will be enrolled in US-VISIT as part of the primary inspection process. Later, land entry points will also use US-VISIT. Visitors will have their left and right index fingerprint scanned using an inkless digital scanner. They will also have a digital photograph taken. As before, immigration inspectors will also review the applicant’s travel documents and will question the applicant about their intended stay in the US. According to the Department of Homeland Security, the fingerprinting and photographing of applicants will only add about 15 seconds to the entry process.

Another major change that will take effect on September 30th is the introduction of exit tracking. Visitors will be required to register their departure from the US in a new exit confirmation computer system at their port of exit from the US.

Asa Hutchinson, Undersecretary of Homeland Security, told reporters that his agency has received intelligence that terrorists have considered using the Visa Waiver program as a vehicle to gain entry to the United States. He also acknowledged that other countries might retaliate by instituting reciprocal measures for American visitors to their countries. But Hutchinson said the Bush Administration would welcome such measures. He further indicated that the Department of Homeland Security did not believe the new measures will deter tourists from entering the US.

Brazil has already been fingerprinting American visitors since the US-VISIT program rolled out in January. And this week China stated that it would now prohibit US citizens from applying for visas at Chinese airports and would require some American citizens to be interviewed for tourist visas.  But some European government spokesmen indicated that they would not object to the changes and were considering similar measures in the wake of the Madrid bombings.

Travel industry officials have expressed concern that the new measures will create enormous problems.  “While we appreciate the rationale for the federal government’s action, TIA is nonetheless greatly disappointed and very concerned about potential negative reactions in key inbound tourism markets in western Europe, Japan and other important Visa Waiver countries,” said William S. Norman, president and CEO of the Travel Industry Association of America (“TIA”). “We expect 2004 to be a turnaround year where the travel industry can finally see positive growth in inbound international travel to the US. Therefore, we are concerned that this announcement will discourage visitors to the extent that they choose other destinations,” said Norman.

The TIA reminded the Bush Administration that since 9/11, inbound overseas travel to the US has declined by 30 percent. According to the TIA, a forecast increase of 5% in foreign tourism, mostly from the UK, a Visa Waiver country, was in jeopardy.