NASHVILLE, Tenn. – U.S. Senators Marsha Blackburn (R-Tenn.), John Cornyn (R-Texas), and 12 of their colleagues introduced the Visa Integrity Preservation Act, which would close a loophole in current law that the Biden-Harris administration exploited in a June 2024 executive action to grant amnesty to illegal immigrants who entered the United States without inspection or overstayed a visa:

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

“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,” said Senator Cornyn. “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 current immigration law, illegal immigrants who overstay their visas cannot 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. Federal 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 where 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 waiving of 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.

• This legislation is also co-sponsored by 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.).