WASHINGTON – U.S. Senators John Cornyn (R-TX), Ted Cruz (R-TX), Thom Tillis (R-NC), Jim Risch (R-ID), Mike Crapo (R-ID), Ted Budd (R-NC), Dan Sullivan (R-AK), Steve Daines (R-MT), Katie Britt (R-AL), Bill Hagerty (R-TN), Pete Ricketts (R-NE), James Lankford (R-OK), Tommy Tuberville (R-AL), and Marsha Blackburn (R-TN) introduced their Visa Integrity Preservation Act, which would close a loophole in current law that the Biden-Harris administration took advantage of in a June 2024 executive action to grant amnesty to illegal immigrants who entered the United States without inspection or overstayed a visa:

“For almost four years, the Biden-Harris administration has waived their magic amnesty wand to create unlawful programs that allow any and every person to enter and stay in the U.S. – legally or not,” said Sen. Cornyn. “By strengthening the laws already on the books, our legislation would root out this massive pull factor while also preserving the integrity of our employment-based nonimmigrant visa program, and I’m grateful to my colleagues for their support.”

“The Biden-Harris administration has failed to secure our southern border and politically exploits the crisis they’ve created,” said Sen. Cruz. “What they call their ‘keep families together’ agenda is being used as a loophole to allow illegal immigrants to bypass our legal immigration process, granting amnesty to 500,000 illegal aliens. We must send a clear message that the United States will not tolerate any manipulation of our immigration laws. That is why I am proud to join Senator Cornyn and my Republican colleagues to stop this exploitation of our immigration system.”

“The Biden-Harris Administration once again has shown their disregard for Congress and the law by issuing this policy,” said Sen. Tillis. “I am proud to co-sponsor Senator Cornyn’s legislation to close this Biden-Harris backdoor amnesty and prevent this Administration from abusing our immigration laws.”

“The Biden-Harris Administration’s failed inaction at the border has allowed for too many loopholes threatening our national security and giving leeway to those who enter our country illegally,” said Sen. Crapo. “It is imperative we close this loophole as Congress moves forward with addressing an issue ignored by the Administration for far too long.”

“Joe Biden and ‘Border Czar’ Kamala Harris have failed to secure the southern border, and Montanans are bearing the burden,” said Sen. Daines. “The ‘Visa Integrity Preservation Act’ will stop the abuse of nonimmigrant visa programs and is a step in the right direction towards holding the Biden administration accountable.”

“Our wide-open southern border is a national security crisis enabled by the Biden Administration’s weak policies,” said Sen. Lankford. “Biden’s executive actions are granting amnesty to illegal immigrants who have broken the law. Instead of enabling illegal immigration, this bill will end this amnesty and ensure those who cross the border or overstay their visa face penalties for breaking the law.”

“Horrible policies yield horrible results,” said Sen. Tuberville. “The Biden/Harris administration has shown time and time again that they have no respect for the rule of law. By turning U.S. law on its head to protect illegal aliens over U.S. citizens, the Biden administration is creating perverse incentives – causing the influx of people flooding into this country to get even worse. If Joe Biden and Kamala Harris won’t do their job and secure the border, hopefully the Senate will.”   

“Since day one in office, the Biden-Harris administration has made it crystal clear that they support an open border and providing mass amnesty to illegal immigrants through unlawful catch-and-release programs,” said Sen. Blackburn. “Our Visa Integrity Preservation Act would stop the Biden-Harris administration from devaluing U.S. citizenship and making illegal immigration legal.” 

Background:

Current U.S. immigration laws do not allow illegal immigrants who overstay their visas to reenter the United States for up to 10 years if they leave, and those who illegally enter the U.S. are not allowed to reenter at all. The law also requires that temporary visa applicants interview abroad at a U.S. consulate before they can receive their visas, so illegal immigrants are not eligible to regularize their status using the temporary visa programs.  The law does allow the U.S. Secretary of State to waive the consular interview requirement, but only on a case-by-case basis where in the national interest of the United States or in emergency situations.

In June 2024, the Biden-Harris administration announced a new initiative to grant amnesty to over half a million illegal immigrants, including spouses of American citizens. As part of that initiative, President Biden and Vice President Harris waived the consular interview requirement for nonimmigrant visas, enabling immigrants who have illegally entered the U.S. or overstayed a visa to obtain temporary work visas. The Biden-Harris administration’s waiving of this policy encroaches on Congress’s authority and threatens to transform nonimmigrant visa programs into a tool to provide amnesty to illegal immigrants.

The Visa Integrity Preservation Act would amend the Immigration and Nationality Act to clarify that immigrants who have entered the U.S. illegally or overstayed a visa for more than 180 days are not eligible for a waiver of the in-person consular interview requirement and would instead be required under all circumstances to depart the U.S. for an interview before they could receive a nonimmigrant visa. Under existing law, they are barred from reentering the U.S. upon presenting for inspection at a Port of Entry.