WASHINGTON, D.C. – U.S. Sen. Ted Cruz (R-Texas), member of the Senate Judiciary Committee, joined Sens. John Cornyn (R-Texas) and Thom Tillis (R-N.C.) to introduce the Visa Integrity Preservation Act, which would close a loophole in current immigration law that the Biden-Harris administration exploited to grant amnesty to illegal immigrants who have entered the United States without inspection or overstayed a visa.
Upon introduction, Sen. Cruz said, “The Biden-Harris administration has failed to secure our southern border and politically exploits the crisis they’ve created. What they call their ‘keep families together’ agenda is being used as a loophole to allow illegal immigrants to bypass our legal immigration process, granting amnesty to 500,000 illegal aliens. We must send a clear message that the United States will not tolerate any manipulation of our immigration laws. That is why I am proud to join Senators Cornyn, Tillis, and several of my Republican colleagues to stop this exploitation of our immigration system.”
Sens. Cruz, Cornyn, and Tillis were joined by Sens. 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.), Tommy Tuberville (R-Ala.), and Marsha Blackburn (R-Tenn.) in introducing the bill.
BACKGROUND
Current U.S. 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 U.S. are not allowed to reenter at all. The law also requires that temporary visa applicants interview abroad at a U.S. 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 U.S. Secretary of State to waive the consular interview requirement, but only on a case-by-case basis 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 U.S. or overstayed a visa to obtain temporary work visas. The Biden-Harris administration’s decision to waive 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 U.S. 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 U.S. for an interview before they could receive a nonimmigrant visa. Under existing law, they are barred from reentering the U.S. upon presenting for inspection at a Port of Entry.
