After Paris Attacks Changes to the Visa Waiver Program (ESTA) to Enhance Security

In response to the Paris terror attacks, the White House yesterday announced changes to the Visa Waiver Program, used by approximately 20 million visitors per year for citizens of thirty-eight program partner countries around the world. The changes to the Visa Waiver Program (VWP), also known as the Electronic System for Travel Authorization (ESTA), are designed to counter the “ongoing threat posed by foreign terrorist fighters” who might use the program, and are meant to “aggressively” strengthen the program and bolster relationships with the VWP’s partners. These changes come after new countries were added to the VWP program and other security enhancements were made earlier this year.

What Are the New Changes?

The Obama administration is instructing government agencies to move forward with the following security enhancements:

• The Department of Homeland Security (DHS) will immediately modify its applications to obtain information from VWP travelers regarding any past travel to “countries constituting a terrorist safe haven” and work in conjunction with the Director of National Intelligence to identify and review these countries to make traveler risk assessments;
• DHS along with other agencies will accelerate its review process for VWP partner countries and provide a report to the President within sixty days regarding possible pilot programs to assess the collection and use of biometrics (fingerprints and/or photographs) to increase security and also identify any countries that are deficient in key areas of cooperation;
• The FBI director will evaluate the terrorism information sharing and any deficiencies between the US and VWP countries in consultation with other agencies and provide the president a report within sixty days;
• DHS will offer assistance to VWP countries to better facilitate terrorism information sharing, including for screening refugees or asylum seekers;
• US government agencies will promote the Global Entry program among VWP partners to further expand this trusted traveler program;
• DHS will work with Congress to seek permission to increase Advance Passenger Information System (APIS) fines from $5,000 to $50,000 for air carriers that fail to verify a traveler’s passport data; and
• US government agencies will deploy Foreign Fighter Surge Teams to work with countries to counter terrorist travel and provide assistance as needed to enhance border security and legislation.

Working with Congress to Enhance the VWP

In addition to these security changes, the White House will work with Congress to provide statutory authority for many key security enhancements to the VWP, including:

• Improve ability to identify individuals who have traveled to conflict zones to train or fight with terrorist organizations and coordinate information between VWP partners and INTERPOL;
• Use international agencies such as INTERPOL to track lost and stolen travel documents to prevent their usage as well as general information sharing to use in border screening activities for VWP partner countries;
• Accelerate requirement for 100% of VWP travelers to use e-passports with security chips and also see how biometrics could be effectively added to the VWP process; and
• Expand the preclearance program so Customs and Border Protection officers can inspect passengers and their baggage at foreign airports prior to departing for the United States.

Even More Changes to the VWP

In addition to the Obama administration’s VWP changes, Senators Dianne Feinstein and Jeff Flake plan to introduce legislation that would prohibit anyone who has traveled to Syria or Iraq in the last five years from traveling to the United States using the VWP and instead require them to obtain a traditional visa stamp.

Not everyone is welcoming changes to the Visa Waiver Program. California Travel Association President Barbara Newton and leaders of several California tourism boards are concerned that changes to the VWP could affect the billion-dollar tourism industry. “We certainly support security and safety of our citizens and everyone around the world,” Newton said to the LA Times. “But we don’t want to see the government do something that would disrupt business and travel.”

CBP Announces the Expansion of Global Entry to UK Citizens Beginning December 3

UK citizens will be very pleased to learn that US Customs and Border Protection announced this week the expansion of Global Entry to all eligible UK citizens. Global Entry, a CBP Trusted Traveler Program, allows for “expedited clearance of pre-approved, low-risk travelers,” and comes highly recommended.

“CBP is excited to expand our partnership with the United Kingdom on this flagship program by offering Global Entry to UK citizens,” said CBP Commissioner R. Gil Kerlikowske in the press release. “Through this cooperation, CBP’s Global Entry and the UK Border Force Registered Traveller programs will enhance security and better facilitate travel between our two countries.”

Since nearly five million Britons visited the United States (in Fiscal Year 2015) and more than 125,000 of those visitors traveled to the United States four or more times, opening the expedited trusted traveler program to UK nationals makes perfect sense. The pilot program launched in May 2011 allowed a limited number of UK citizens to participate in Global Entry as the first phase of the Global Entry partnership.     

Beginning December 3, UK citizens can register for Global Entry. To register, UK citizens should do the following:

• Apply through the UK Home Office website and pay a £42 processing fee for the vetting process;

• If the applicant passes, they will receive a “UK Access Code,” which applicants will enter when applying for Global Entry through CBP’s Global Online Enrollment System (GOES);

• Apply online and pay the $100 non-refundable application fee for a five-year Global Entry membership;

• If the application is approved, a CBP officer will conduct a scheduled interview with the applicant and then make a final eligibility determination.

Global Entry is currently available at over fifty US airports and thirteen preclearance locations (including in Shannon and Dublin, Ireland, the closest preclearance locations to the UK) and has over 2.5 million members. While the goal of Global Entry is to speed qualified travelers through the screening process, no Global Entry member is guaranteed expedited screening and members may be selected for further examination when entering the United States. Moreover, any violation of the program’s terms and conditions will result in “appropriate enforcement action and revocation of the traveler’s membership privileges.”

Upon arrival at an airport, members can head directly to a Global Entry kiosk and do not have to complete any forms on the plane. Once they scan their passport into the kiosk, the computer pulls up the flight information (which the applicant must verify), scans fingerprints, and captures a photo. The member answers a few questions about whether they are bringing in any banned items and the machine prints out a piece of paper with the member’s photo, indicating that the member has been cleared. (If a traveler is not cleared, the machine will provide a receipt with a big “X” on it, indicating the passenger requires additional inspection.) With the white paper in hand, applicants can use a separate line at Customs after picking up their luggage.      

In addition to US and UK nationals, the Global Entry program is open to lawful permanent residents (i.e. Green Card holders), Dutch citizens, South Korean citizens, and Mexican nationals. Canadian citizens and residents may enjoy Global Entry benefits through membership in the NEXUS program.

US citizens who travel at least four times to the UK per year should note they can enroll in Registered Traveller, the UK trusted traveler program. The service costs £70 to apply and an additional £50 a year thereafter; however, if the application is unsuccessful, the applicant will receive £50 back. Members enrolled in Registered Traveller may use E-gates at airports in the United Kingdom. Which will leave them more time to have a pint and a Shepherd’s pie.