Memphis Standard

U.S. Senators Marsha Blackburn and John Cornyn, along with 12 Republican colleagues, have introduced the Visa Integrity Preservation Act. This legislation aims to address a loophole in current immigration law that the Biden-Harris administration utilized in a June 2024 executive action. The action allowed amnesty for illegal immigrants who entered the United States without inspection or overstayed their visas.

"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," stated Senator Blackburn. "Our Visa Integrity Preservation Act would stop the Biden-Harris administration from devaluing U.S. citizenship and making illegal immigration legal."

Senator Cornyn expressed similar concerns: "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. 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."

Under existing immigration laws, those who overstay visas cannot reenter the United States for up to ten years if they leave, while those entering illegally are barred entirely from reentry. Federal law mandates that temporary visa applicants must interview abroad at a U.S. consulate before receiving their visas; thus, illegal immigrants cannot regularize their status using temporary visa programs unless exceptions are made on a case-by-case basis deemed in national interest or emergencies.

In June 2024, President Biden and Vice President Harris announced an initiative granting amnesty to over half a million illegal immigrants by waiving consular interview requirements for nonimmigrant visas. This move enabled immigrants who entered illegally or overstayed visas to obtain temporary work visas.

The proposed Visa Integrity Preservation Act seeks amendments to clarify that individuals who entered illegally or overstayed beyond 180 days are not eligible for waivers of in-person consular interviews and must depart for interviews before receiving nonimmigrant visas.

Co-sponsors of this bill include Senators Ted Cruz (R-Texas), Thom Tillis (R-N.C.), Jim Risch (R-Idaho), Mike Crapo (R-Idaho), Ted Budd (R-N.C.), Dan Sullivan (R-Alaska), Steve Daines (R-Mont.), Katie Britt (R-Ala.), Bill Hagerty (R-Tenn.), Pete Ricketts (R-Neb.), James Lankford (R-Okla.), and Tommy Tuberville (R-Ala.).