Report Commissioned by Rex Tillerson Recommends Homeland Security Assume Control of Issuing U.S. Visas

In a report commissioned by Department of State Secretary Rex Tillerson, Insigniam Holding, an international management consulting firm, recommended that the Department of Homeland Security (DHS) take over control of evaluating and issuing U.S. visas.  The Department of State currently has jurisdiction over U.S. visas issued abroad, including consular processing, applicant screening, and visa interviews.

The report relied on surveys of thousands within the State Department, as well as in-person interviews with a few hundred other government employees.  The recommendation comes in the wake of a request from the White House to reduce the State Department budget by 30%.

Such a shift may fundamentally alter the visa system, including judicial review of visa denials.  Currently, American courts have virtually no power to review the decisions of Department of State officials with respect to visa applications.  Conversely, courts have substantial review powers over Department of Homeland Security actions regarding immigration matters within the borders of the United States.  If the power to adjudicate visa applications shifted to DHS, courts might gain greater jurisdiction to review visa applications, perhaps marking a fundamental shift in immigration policy.

Transferring visa power to DHS would require an act of Congress, and it is unlikely that an agreement will be reached on this kind of change anytime soon.  Government officials, immigration attorneys, and people across the world will play close attention as Congress debates this issue.

If you have any questions about this post or any other immigration matter, please contact me at wcmenard@nmmlaw.com.