Department of State

Responsibility for bringing persons into this country either as immigrants or nonimmigrants is shared between the Immigration and Naturalization Service and the Department of State.

A crucial element in improving our ability to cope with illegal migration rests with efforts that deal with the problem at the source. Prevention at this stage is not

only cost effective, but in many ways, the most humane approach. Little coordinated study has been made of the characteristics of nonimmigrant applicant motivations and goals or of whether our procedures contribute to fraud. Insufficient effort has been made to inform host governments of the extent and nature of the illegal entry problem. There has been little exploration of systems for dealing efficiently with large numbers of persons. There has been little

recognition of the contradiction between effective information programs about the United States and curbing illegal immigration. In the absence of such systematic guidance, consuls engaged in visa activities have developed their own methods of coping with local pressures and making accurate judgments. Such methods are not sufficient.

Despite all the time pressures involved in such work, the rise in workloads, the attendant resource situation, and the sometimes sensitive nature of this work, the real source of difficulty in improving the overall effectiveness of the

visa issuing function lies with the priority assigned to these activities within the Department of State. In fact, certain management considerations may work in a contrary manner. For example, since there are subsequent time consuming procedural activities to be accomplished in the event of a visa refusal, at busy posts there is a built in bias to find in favor of the applicant as often as specific case circumstances makes possible. And if this is coupled with management's not giving due consideration to the extra effort involved in denials when assigning staffing levels for high fraud posts, there may be a reluctance at such posts 18/ to increase denial rates to more realistic levels.

There is increasing evidence that illegal immigration

and its causes will be a major consideration in our relations with a number of developing nations for the foreseeable future. New policy guidelines on immigration-related matters as well as specific action proposals to foster new objectives aimed at relieving the causes and incidence of illegal immigration are needed. Visa issuance and fraud in certain countries must be given higher priority within the Department

18/ Since it is specifically intended to be an instrument governing and controlling the movement of aliens into the United States, the Immigration and Nationality Act assigns responsibility for visa issuance to "a consular officer." However, management considerations have also resulted in the diminution of individual visa officer responsibility. To speed up and simplify the visa issuing process many posts, including those in Mexico, now issue visitor visas which often carry the facsimile signature of someone other than the responsible visa officer.

of State so that only for the most compelling political considerations should action against visa fraud not be vigorously pressed or made a country priority.

Country-by-country visa

abuse experience must be considered in developing new guidelines. The following are specific recommendations which can be taken to ameliorate the problem of illegal immigration. Some of them require giving higher attention and priority to relationships and programs which already exist. In some other instances, they involve making current initiatives more comprehensive in nature. And finally, there are some new approaches of a pilot nature.

a.

The President should issue instructions to ambassadors

of major sending countries to accord the highest priority to visa issuance functions and to reaffirm and emphasize that Chiefs of Consular Sections utilize the widest latitude and discretion in their areas of responsibility. These instructions should point

out that visa issuance and refusal are delegated by law solely to the consular officer.

b.

High fraud posts must be given high management attention with respect to personnel and budgetary priorities to, inter alia, permit the use of foreign service officers in the initial screening of applicants.

c.

Prospective students' financial capability for the duration of the course of study, applicability of the training to future employment possibilities in the native land, and general skills at the time of application should be given care

b. In identifying developing trends and potential problem areas, the Visa Office should have the benefit of a management information system. Such a system would, inter alia, monitor use of multiple entry visas at high fraud posts, a practice which may not be justified.

C.

Referrals are the means by which the Ambassador or one of his subordinates requests a consular officer to accord "special consideration" to certain visa applicants. With regard to referrals, each post should be required to keep a careful system of documentation describing the nature of the recommendation, its importance and its status if a visa is granted on such a basis. To the maximum extent practicable, all persons receiving a visa on such a basis should be required to appear before a consular officer upon the return to the country placing responsibility upon the individual Consulate to prove that the procedure does not compromise the visa issuance process.

d. All high fraud posts should have investigative staffs to bolster the screening and interviewing process.

19/ This capability would enable posts to check applicants against various "lookout" lists. In addition, the Department of State keeps information for two years on all applicants who are denied a visa.

3.

Department of Justice/Department of State Cooperation

a.

To create a more formalized communications process between the two agencies involved in controlling the entry of aliens, the Bureau of Security and Consular Affairs and the Immigration and Naturalization Service should hold regularly scheduled meetings, perhaps as often as once a month. Meetings should not be confined to central office personnel alone, but should be extended to the field for personnel involved in fraud control and matters of mutual interest.

b. The Immigration and Naturalization Service and the Bureau of Security and Consular Affairs should work more closely in the development of fraud profiles for illegal alien sending countries.

C.

Fraud information should increasingly be stressed in the immigrant as well as nonimmigrant areas. Problems

in nonimmigrant visa issuance become apparent in the practices and circumstances of applicants for immigrant status.

d. INS and State should seek more systematic use of information on all persons denied admission as well as all visa abusers who are apprehended.

e. Visa issuing officers should make use of notations and other information on the visa as a means of aiding immigration inspectors in their determination about an