House Republicans to Obama: ‘Unilateral Changes’ Violate New Visa Waiver Law

Key Republican leaders accused President Obama of creating “non-statutory exemptions” from the travel restrictions imposed under the new Visa Waiver law for people who had visited certain countries lined to terrorism. In a letter to the President they said the exemptions are “contrary to the plain language of the statute” and were “discussed, at length, during negotiations and were explicitly rejected by Members of Congress.

Below are excerpts from the letter to Obama by House Majority Leader Kevin McCarthy, R-Calif., House Judiciary Committee Chairman Bob Goodlatte, R-Va., House Homeland Security Committee Chairman Michael McCaul, R-Texas., House Foreign Affairs Committee Chairman Ed Royce, R-Calif., and Rep. Candice Miller, R-Mich., the author of the Visa Waiver law.

“Dear Mr. President:

“We write regarding your Administration’s flawed and deeply troubling implementation of the “Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015.”…In part, the Act provided that nationals of Visa Waiver Program (VWP) countries who have traveled to certain nations of terrorism-related concern – including Syria, Iraq, Iran, and Sudan –after March 1, 2011, would not be eligible for VWP entrance to the United States and would instead have to apply through the regular visa process.

“On Thursday, January 21, 2016, Secretary Jeh Johnson and Secretary John Kerry announced their first steps towards implementation of this important Act. Specifically, the Department of Homeland Security (DHS), at the insistence of the Department of State (DoS), will now consider waivers for individuals who have traveled to nations of terrorism-related concern if the individual’s travel fits into certain broad categories. {text}

“These exemptions are contrary to the plain language of the statute.  The national security and law enforcement exceptions were principally designed to allow for the continued surveillance and investigation of individuals of concern.  However, we are deeply troubled because the exemptions announced by the Administration were discussed, at length, during negotiations and were explicitly rejected by Members of Congress.

” actions are inappropriate and violate not only the agreement we reached but the law itself.  We are requesting certain information regarding the use of the non-statutory exemptions your Administration has created… the legal basis of authority for use of such exemption categories under the guise of “national security.”…(W)e are reviewing our options to ensure this law is implemented as it was enacted by Congress. “

Read the leaders’ press release or a related article in the Washington Examiner.