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Saturday, June 24, 2017

Executive Order 13802: Suspension of Visa timeliness goals

What the Executive Order Says

Executive Order (EO) 13802 is entitled "Amending Executive Order 13597" and was issued on June 21, 2017.  This EO has only 3 sections.  All it does is delete a subparagraph of an old EO and then directs the Secretaries of State and Homeland Security to update the plans that had been created under the old EO.

Section 1

This simply states that section 2(b)(ii) of EO 13597 is deleted.  This said "ensure that 80 percent of nonimmigrant visa applicants are interviewed within 3 weeks of receipt of application, recognizing that resource and security considerations and the need to ensure provision of consular services to U.S. citizens may dictate specific exceptions."

Section 2

This section directs the Secretary of State and the Secretary of Homeland Security to update the plans that had been created under the original EO in line with the deletion of the subparagraph.

Section 3

This section has the usual legal fine print needed to assure the constitutionality of the EO.

My Commentary

The original EO noted that one of the consequences of the 9/11 attacks was ramping up security screenings of foreign nationals and that this dampened tourism.  The targeted subparagraph intended to address concerns about how long it might take to get a Visa to the US.  There can be a chicken and egg problem for some foreign nationals in that they cannot apply for a Visa until they have booked the plane tickets, but you don't want to book the plane tickets until you are sure if and when you will get your Visa.  So maybe it's easier just to go visit Canada.
The goal stated, even though it comes with wiggle room, would require a somewhat different attitude towards foreigners than what has been demonstrated by this administration.  Hence, removing the goal ultimately provides a number of things to the administration.  First, now not meeting it because of the reduced resources at State cannot be a point of attack by critics.  Second, if it does take a long time to schedule nonimmigrant visa application interviews and this discourages foreign nationals from visiting the US, that is a good thing as far as the administration is concerned.  Third, it undoes yet another thing that Obama did.
This EO simply extends the xenophobia that launched this administration and therefore is not surprising in any way.

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