Lankford Introduces Bill to Stop Biden-Harris Amnesty Program

WASHINGTON, DC — Senators James Lankford (R-OK) and John Cornyn (R-TX), along with their colleagues, introduced the Visa Integrity Preservation Act, which would close a loophole in current law that the Biden-Harris Administration used to grant amnesty to over 500,000 illegal immigrants in a June 2024 executive action.

“Our wide-open southern border is a national security crisis enabled by the Biden Administration’s weak policies,” said 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.”

“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 US—legally or not,” said 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.”

Lankford serves on the Senate Select Committee on Intelligence and is the lead Republican on the Homeland Security and Governmental Affairs Subcommittee on Government Operations and Border Management. Lankford and Cornyn were joined by Senators 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), Tommy Tuberville (R-AL), and Marsha Blackburn (R-TN) on the bill. 

Background:

Current US 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 US are not allowed to reenter at all. The law also requires that temporary visa applicants interview abroad at a US 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 US 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 US 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 US 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 US for an interview before they could receive a nonimmigrant visa. Under existing law, they are barred from reentering the US upon presenting for inspection at a Port of Entry.

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