Lawmakers see loophole in alien visa revocation

A federal loophole is blocking the deportation of terrorism suspects once the State Department has revoked their visas.

Under current rules, a visa revocation does not require the person to leave the United States, nor does it constitute a reason for deportation.

Homeland Security officials have complained to congressional panels that they don’t have the authority to deport aliens holding revoked visas. The General Accounting Office said “30 individuals whose visas were revoked on terrorism grounds entered the United States either before or after the revocation and may still remain in the country.”

Key lawmakers have asked Bush administration officials to fix the problem immediately, by bureaucratic means or by suggesting actions Congress could take.

The State Department has authority over the issuance and revocation of visas. Catherine Barry, managing director of the office of visa services, told the Senate Judiciary immigration, border security and citizenship subcommittee in a July 15 hearing that officials are studying the problem.

The House Government Reform subcommittee on national security, emerging threats and international relations had held a hearing on the same matter June 18.

“We are reviewing our revocation policy again, consistent with Ms. Barry’s commitment at the hearing,” said Paul V. Kelly, State Department assistant secretary of legislative affairs, in a July 17 letter to congressional leaders.

Not satisfied with the administration’s response, Republican Sens. Saxby Chambliss of Georgia, who is chairman of the Judiciary subcommittee, and Charles E. Grassley of Iowa, who is chairman of the Senate Finance Committee, as well as Republican Rep. Christopher Shays of Connecticut, chairman of the Government Reform subcommittee, wrote a letter to Homeland Security Secretary Tom Ridge and Secretary of State Colin L. Powell on July 22, urging immediate action.

“In all honesty, members left both hearings with their questions unanswered and frustrated that officials are not getting the job done,” the lawmakers said.

“The visa-revocation certificate the State Department forwards to Homeland Security does not give any legal grounds to remove the revoked visa-holder. The language on the current certificate is a legal anachronism, a nicety of a simpler age. It must be addressed,” the letter said.

The letter offered Mr. Ridge and Mr. Powell several options.

If a memorandum of understanding between the departments was needed, the lawmakers asked the departments to complete it. If a legal opinion was necessary, the departments were asked to provide it. Or, if a statutory change was needed, the departments should provide legislative language.

“Suspected terrorists could be sitting right under our noses. The Department of Homeland Security has assured me this will be addressed, but the State Department keeps putting up red tape,” Mr. Grassley said yesterday in a written statement to The Washington Times.

“When it comes to the security of the United States, there should be no excuse to wait any longer to fix this loophole … terrorists and their sympathizers still want to cause harm to the United States.”

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