State Dept. seeks tougher visa scrutiny, including social media checks

A person stands at the counter of U.S. Immigration upon arriving at Miami airport March 13, 2013. REUTERS/Desmond Boylan

By Yeganeh Torbati and Mica Rosenberg

WASHINGTON/NEW YORK (Reuters) – The U.S. Department of State has proposed tougher questioning of visa applicants believed to warrant extra scrutiny, according to a document published Thursday, in a push toward the “extreme vetting” that President Donald Trump has said is necessary to prevent terrorist attacks.

Questions about social media accounts would be part of the stepped-up criteria, which would apply to 65,000 people per year, or about 0.5 percent of U.S. visa applicants worldwide, the State Department estimated. It did not target nationals of any particular countries.

A set of new questions would apply to visa applicants “who have been determined to warrant additional scrutiny in connection with terrorism or other national security-related visa ineligibilities,” the State Department said in a notice to the Federal Register.

Those applicants would be required to provide all prior passport numbers, five years’ worth of social media handles, email addresses and phone numbers, as well as 15 years of biographical information, when applying for a U.S. visa. Consular officers would not request user passwords for social media accounts, the document said.

If granted, the new criteria would mark the first concrete step toward more stringent vetting that Trump asked federal agencies to apply toward travelers from countries he deemed a threat to the United States in an executive order issued in January and revised in March.

While parts of the travel order, including a temporary ban on the entry of nationals from several majority-Muslim countries, were halted by federal courts, the review of vetting procedures detailed in an accompanying memorandum remains in place.

“Collecting additional information from visa applicants whose circumstances suggest a need for further scrutiny will strengthen our process for vetting these applicants and confirming their identity,” a State Department official said.

The State Department’s proposal also says that applicants may be asked to provide additional travel dates if a consular officer determines they have been in an area which was “under the operational control of a terrorist organization.”

The proposed changes must undergo a public comment period before being approved or denied by the Office of Management and Budget (OMB) by May 18. OMB did not respond to a request for comment.

The Department of Homeland Security, which was also tasked with reviewing vetting procedures for visa applicants, said the State Department request does not preclude DHS from identifying new “ways to protect the American people.”

“Some improvement will be classified, others will be public, but the Department has only just begun ways to enhance the security of our immigration system,” DHS spokesman David Lapan said.

SOCIAL MEDIA SNAGS

Immigration lawyers and advocates say the request for 15 years of detailed biographical information, as well as the expectation that applicants remember all their social media handles, is likely to catch applicants who make innocent mistakes or do not remember all the information requested.

They also question whether the time-consuming screening can achieve its intended goal of identifying potential terrorists.

“The more effective tactics are the methods that we currently use to monitor terrorist organizations, not just stumbling into the terrorist who is dumb enough to post on his Facebook page ‘I am going to blow up something in the United States,'” said John Sandweg, a former senior official at DHS who is now with the firm Frontier Solutions, which provides investigatory, crisis management and other services.

Applicants may not necessarily be denied a visa if they fail to provide all the information if it is determined they can provide a “credible explanation,” the notice said.

Secretary of State Rex Tillerson first introduced similar measures in a March cable to American consular officers that outlined questions officers should ask in order to tighten vetting of visa applicants.

But Tillerson had to withdraw that guidance just days later because the OMB had not approved those specific questions.

The State Department estimated that the additional screening measures would take approximately an hour per applicant, meaning an additional 65,000 additional hours of work per year.

Tillerson’s cables anticipated delays as a result of the rules implementation.

“Somebody’s got to do the work,” said Greg Siskind, an immigration attorney in Memphis. “It’s going to cause operations at a lot of consulates slow to a crawl.”

(Link to proposal: https://www.federalregister.gov/documents/2017/05/04/2017-08975/notice)

(Reporting by Yeganeh Torbati in Washington and Mica Rosenberg in New York; Additional reporting by Arshad Mohammed; Writing by Julia Edwards Ainsley; Editing by Yara Bayoumy, Alistair Bell and Leslie Adler)

Exclusive: U.S. embassies ordered to identify population groups for tougher visa screening

A U.S. Customs and Border Patrol officer interviews people entering the United States from Mexico at the border crossing in San Ysidro, California, U.S. on October 14, 2016. REUTERS/Mike Blake

By Yeganeh Torbati, Mica Rosenberg and Arshad Mohammed

WASHINGTON/NEW YORK (Reuters) – U.S. Secretary of State Rex Tillerson has directed U.S. diplomatic missions to identify “populations warranting increased scrutiny” and toughen screening for visa applicants in those groups, according to diplomatic cables seen by Reuters.

He has also ordered a “mandatory social media check” for all applicants who have ever been present in territory controlled by the Islamic State, in what two former U.S. officials said would be a broad, labor-intensive expansion of such screening. Social media screening is now done fairly rarely by consular officials, one of the former officials said.

Four cables, or memos, issued by Tillerson over the last two weeks provide insight into how the U.S. government is implementing what President Donald Trump has called “extreme vetting” of foreigners entering the United States, a major campaign promise. The cables also demonstrate the administrative and logistical hurdles the White House faces in executing its vision.

The memos, which have not been previously reported, provided instructions for implementing Trump’s March 6 revised executive order temporarily barring visitors from six Muslim-majority countries and all refugees, as well as a simultaneous memorandum mandating enhanced visa screening.

The flurry of cables to U.S. missions abroad issued strict new guidelines for vetting U.S. visa applicants, and then retracted some of them in response to U.S. court rulings that challenged central tenets of Trump’s executive order.

The final cable seen by Reuters, issued on March 17, leaves in place an instruction to consular chiefs in each diplomatic mission, or post, to convene working groups of law enforcement and intelligence officials to “develop a list of criteria identifying sets of post applicant populations warranting increased scrutiny.”

Applicants falling within one of these identified population groups should be considered for higher-level security screening, according to the March 17 cable.

Those population groups would likely vary from country to country, according to sources familiar with the cables, as the March 17 memo does not explicitly provide for coordination between the embassies.

Trump has said enhanced screening of foreigners is necessary to protect the country against terrorist attacks.

Advocates and immigration lawyers said the guidance could lead to visa applicants being profiled on the basis of nationality or religion rather than because they pose an actual threat to the United States.

“Most posts already have populations that they look at for fraud and security issues,” said Jay Gairson, a Seattle-based immigration attorney who has many clients from countries that would be affected by Trump’s travel ban.

“What this language effectively does is give the consular posts permission to step away from the focused factors they have spent years developing and revising, and instead broaden the search to large groups based on gross factors such as nationality and religion.”

Virginia Elliott, a spokeswoman for the State Department’s Bureau of Consular Affairs, said the department was working to implement Trump’s presidential memorandum “in accordance with its terms, in an orderly fashion, and in compliance with any relevant court orders, so as to increase the safety and security of the American people.”

State Department officials declined to comment on the specifics of the cables, saying they were internal communications.

CABLE FLURRY

In cables dated March 10 and March 15, Tillerson issued detailed instructions to consular officials for implementing Trump’s travel order, which was due to take effect on March 16.

Following successful legal challenges to an earlier, more sweeping travel ban signed by Trump in January, the White House issued a narrower version of the ban earlier this month.

On the same day Tillerson sent out his memo about implementing the new executive order on March 15, a federal court in Hawaii enjoined key parts of the order. That forced him to send another cable on March 16, rescinding much of his earlier guidance.

On March 17, Tillerson issued a fourth cable that set out a new list of instructions for consular officials. At the same time, it withdrew more sections of the March 15 guidance, because they had been issued without approval from the White House Office of Management and Budget (OMB), which is responsible for reviewing all agency rules.

A White House spokesman referred questions about the cables to the State Department and OMB.

Reuters could not determine to what extent the cables departed from guidance given to consular officers under previous administrations, since this type of guidance is not made public.

Some of the language in the cables, including the line that “all visa decisions are national security decisions,” is similar to statements made by U.S. officials in the past.

Some consular officials suggested some of the March 17 guidance – aside from identifying particular populations and doing more social media checks – differed little from current practice, since vetting of visa applicants is already rigorous.

PHONE NUMBERS, EMAIL ADDRESSES

Among the instructions rescinded by Tillerson were a set of specific questions for applicants from Iran, Libya, Somalia, Sudan, Syria and Yemen, the countries targeted by Trump’s March 6 executive order, as well as members of populations identified as security risks.

The questions asked where applicants had lived, traveled and worked over the previous 15 years. Applicants would also have been required to provide prior passport numbers and all phone numbers, email addresses and social media handles used in the previous five years.

The March 16 and 17 cables from Tillerson instructed consular officers not to ask those questions, due to court action and pending approval by the OMB.

Both Republicans and Democrats in Congress have called for wider social media screening for those seeking to enter the United States, saying that such checks could help to spot possible links to terrorist activity.

Some former officials and immigration attorneys cautioned that delving deeper into applicants’ social media use could significantly lengthen processing time of visas.

“There’s so much social media out there,” said Anne Richard, a former U.S. assistant secretary of state in the Obama administration. “It’s not something you can do on a timely basis.”

Both the March 15 and March 17 cables seem to anticipate delays as a result of their implementation. They urged embassies to restrict the number of visa interviews handled per day, acknowledging this “may cause interview appointment backlogs to rise.”

(Additional reporting by Kristina Cooke in San Francisco and Arshad Mohammed and John Walcott in Washington; Editing by Sue Horton and Ross Colvin)

Trump says his travel ban needed to ensure U.S. religious freedom

DAY 9 / JANUARY 28: Russian President Vladimir Putin and President Trump agreed to try to rebuild U.S.-Russia ties and to cooperate in Syria, the Kremlin said, after the two men spoke for the first time since Trump's inauguration.

By Jeff Mason and Roberta Rampton

WASHINGTON (Reuters) – U.S. President Donald Trump defended his order to temporarily bar entry to people from seven majority-Muslim nations, which has come under intense criticism at home and abroad, saying on Thursday it was crucial to ensuring religious freedom and tolerance in America.

Trump, speaking at a prayer breakfast attended by politicians, faith leaders and guests including Jordan’s King Abdullah, said he wanted to prevent a “beachhead of intolerance” from spreading in the United States.

“The world is in trouble, but we’re going to straighten it out, OK? That’s what I do – I fix things,” Trump said in his speech.

Trump’s executive order a week ago put a 120-day halt on the U.S. refugee program, barred Syrian refugees indefinitely and imposed a 90-day suspension on people from seven predominantly Muslim countries – Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. The measure, which Trump says is aimed at protecting the country from terrorist attacks, has drawn protests and legal challenges.

Trump, a wealthy businessman and former reality TV star who had never previously held public office when he was sworn in on Jan. 20, also sought to reassure the large crowd about the nature of his phone calls with world leaders.

The Washington Post said Trump had a tense call with Australia’s Prime Minister about his immigration order.

“Believe me, when you hear about the tough phone calls I’m having – don’t worry about it. Just don’t worry about it,” Trump said. He did not specify which calls he was referring to.

“We’re taken advantage of by every nation in the world virtually. It’s not going to happen anymore,” said Trump, who campaigned on a stance of “America first” that he said would ensure the country was not taken advantage of in its trade or other foreign relations.

Trump said violence against religious minorities must end. “All nations have a moral obligation to speak out against such violence. All nations have a duty to work together to confront it, and to confront it viciously, if we have to,” he said.

Trump said the United States has taken “necessary action” in recent days to protect religious liberty in the United States, referring to his immigration action.

Critics of the measure have accused him of violating the constitutional guarantee of religious freedom, because the designated countries are majority-Muslim, and of slamming the door shut to refugees.

Trump has said the move was necessary to ensure a more thorough vetting of people coming into the United States.

“Our nation has the most generous immigration system in the world. There are those who would exploit that generosity to undermine the values that we hold so dear,” Trump said.

“There are those who would seek to enter our country for the purpose of spreading violence, or oppressing other people based upon their faith or their lifestyle – not right. We will not allow a beachhead of intolerance to spread in our nation,” he said.

Trump said his administration’s new system would ensure that people entering the United States embrace U.S. values including religious liberty.

He also pledged to get rid of the “Johnson Amendment,” a tax provision that prevents tax-exempt charities like churches from being involved in political campaigns.

The White House said on Wednesday it has issued updated guidance on the travel order clarifying that legal permanent residents, or green card holders, from the designated countries require no waiver to enter the United States.

(Writing by Roberta Rampton; Editing by Chizu Nomiyama and Frances Kerry)