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GAO-19-298R 1 (2019-02-22)

handle is hein.gao/gaobacsgg0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 February 22, 2019 Congressional Committees Department of Homeland Security: Review of the Fiscal Year 2017 Entry/Exit Overstay Report Each year, millions of foreign visitors, or nonimmigrants, legally enter the United States on a temporary basis under specific nonimmigrant categories. They may travel to the United States with or as permitted, without a nonimmigrant visa and then enter the United States after admission at a U.S. port of entry for an authorized period of stay.' Overstays are nonimmigrants who remain in the United States beyond the expiration of their authorized period of stay, regardless of whether they ultimately depart. The Department of Homeland Security (DHS) has primary responsibility for identifying and addressing suspected overstays. According to DHS, identifying overstays is important for national security, public safety, and immigration enforcement. Within DHS, multiple components play a role in identifying and addressing suspected overstays. U.S. Customs and Border Protection (CBP) is tasked with, among other duties, inspecting all people seeking entry or applying for admission into the United States to determine their admissibility and compliance with U.S. law. CBP has an electronic process for identifying overstays who are suspected or known to have remained in the country beyond the expiration of their authorized period of stay. In addition, U.S. Immigration and Customs Enforcement (ICE) is the lead agency for enforcing immigration law in the interior of the United States and is primarily responsible for overstay enforcement. Further, U.S. Citizenship and Immigration Services (USCIS) receives, processes, and maintains documentation pertaining to a nonimmigrant's immigration status, including the extension or change of status, and works with ICE to ensure proper adherence to U.S. immigration laws. Federal law requires that DHS implement a program to collect data, for each fiscal year, regarding the total number of nonimmigrants who overstayed (i.e., remained in the United States after the expiration of their authorized period of stay) and report annually to Congress.2 In January 2016, DHS issued its first report on estimated air and sea overstay rates that covered fiscal year 2015.1 Subsequently, DHS has issued reports covering fiscal years 2016 and 2017. The reports provide data on expected departures and overstays by country for nonimmigrants who entered through an air or sea port of entry and who were expected to depart in a particular fiscal year. 'Certain individuals are allowed to seek admission without a visa, such as citizens of Canada, as well as participants in the Visa Waiver Program, through which nationals of certain countries may apply for admission to the United States as temporary visitors for business or pleasure without first obtaining a visa from a U.S. embassy or consulate abroad. See 8 U.S.C. § 1187; 8 C.F.R. §§ 212.1, 214.6(d), 217.1-217.7; 22 C.F.R. §§ 41.0-41.3. 2See Visa Waiver Pilot Program Reauthorization Act of 1997, Pub. L. No. 105-173, § 2, 112 Stat. 56 (1998) (classified at 8 U.S.C. § 1376). 3The nonimmigrant air and sea overstay population refers to those who entered the country through air and sea ports, rather than through land ports. CBP reports limited information on overstays who entered through land ports for reasons discussed later in this report. GAO-1 9-298R Overstay Report Page 1

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