Secure Visas Act

Bill: 112-hr-1741
Sponsor: Rep. Smith, Lamar [R-TX-21]
Introduced: 2011-05-05 in the House
Policy area: Immigration
Subjects: Administrative law and regulatory procedures
Africa
Algeria
Asia
Canada
Colombia
Criminal justice information and records
Department of Homeland Security
Egypt
Europe
Germany
Government information and archives
Homeland security
Hong Kong
India
Indonesia
Iraq
Israel
Jordan
Judicial review and appeals
Kuwait
Latin America
Lebanon
Malaysia
Mexico
Middle East
Morocco
Nigeria
Pakistan
Philippines
Saudi Arabia
South Africa
Syria
Terrorism
Turkey
United Arab Emirates
United Kingdom
Venezuela
Visas and passports
Yemen

Summary:
action_date: 2011-05-05
text: 
Secure Visas Act - Amends the Homeland Security Act of 2002 to grant the Secretary of Homeland Security (DHS) (Secretary), except for the Secretary of State's authority with respect to diplomatic- and international organization-related visas, exclusive authority to issue regulations, establish policy, and administer and enforce the provisions of the Immigration and Nationality Act (INA) and all other immigration or nationality laws relating to U.S. consular officer visa functions. 
 
Authorizes the Secretary to refuse or revoke any visa to an alien or class of aliens if necessary or advisable for U.S. security interests. Provides that any such visa revocation shall become effective immediately and cancel any other visa in an alien's possession.
 
Prohibits any court from: (1) reviewing such a determination, or (2) hearing any claim arising from such revocation.
 
Authorizes the Secretary of State to direct a consular officer to refuse or revoke a visa if necessary or advisable for U.S. foreign policy interests. 
 
Prohibits a decision by the Secretary of State to approve a visa from overriding a revocation or refusal determination by the Secretary.
 
Directs the Secretary to review on-site all visa applications and supporting documentation before adjudication at visa-issuing posts in Algeria, Canada, Colombia, Egypt, Germany, Hong Kong, India, Indonesia, Iraq, Jerusalem and Tel Aviv in Israel, Jordan, Kuala Lumpur in Malaysia, Kuwait, Lebanon, Mexico, Morocco, Nigeria, Pakistan, the Philippines, Saudi Arabia, South Africa, Syria, Turkey, United Arab Emirates, the United Kingdom, Venezuela, and Yemen. Authorizes the Secretary to assign DHS employees to such posts.
 
States that if the Secretary or the Secretary of State revokes a visa: (1) the relevant consular, law enforcement, and terrorist screening databases shall be immediately updated; and (2) look-out notices shall be posted to all DHS port inspectors and Department of State consular officers.
 
Amends INA to eliminate the exception permitting judicial review of a visa revocation where such revocation is the sole ground for a deportation process based upon an alien's unlawful presence in the United States. Prohibits any court from hearing any claim arising from a visa or document revocation.

action_date: 2012-03-08
text: 
Secure Visas Act - Amends the Homeland Security Act of 2002 to grant the Secretary of Homeland Security (DHS) (Secretary), except for the Secretary of State's authority with respect to diplomatic- and international organization-related visas, exclusive authority to issue regulations, establish policy, and administer the Immigration and Nationality Act (INA) and all other immigration or nationality laws relating to U.S. consular officer visa functions. 
 
Authorizes the Secretary to refuse or revoke any visa to an alien or class of aliens if necessary or advisable for U.S. security interests. Provides that such visa revocation shall become effective immediately and cancel any other visa in an alien's possession.
 
 Prohibits judicial review of the Secretary's refusal or revocation of visa, or of any claim arising from such revocation. 
 
Authorizes the Secretary of State to direct a consular officer to refuse or revoke a visa if necessary or advisable for U.S. interests. 
 
Prohibits a visa approval decision by the Secretary of State from overriding a revocation or refusal determination by the Secretary.
 
Directs the Secretary to review on-site all visa applications and supporting documentation before adjudication at visa-issuing posts in Algeria, Canada, Colombia, Egypt, Germany, Hong Kong, India, Indonesia, Iraq, Jerusalem and Tel Aviv in Israel, Jordan, Kuala Lumpur in Malaysia, Kuwait, Lebanon, Mexico, Morocco, Nigeria, Pakistan, the Philippines, Saudi Arabia, South Africa, Syria, Turkey, United Arab Emirates, the United Kingdom, Venezuela, and Yemen and authorizes the Secretary to asign DHS personnel to each diplomatic and consular post at which visas are issued unless, in the Secretary's sole and unreviewable discretion, the Secretary determines that such an assignment at a particular post would not promote national or homeland security. Directs the Secretary of State to ensure that any such DHS personnel have been stationed and are operational within one year of enactment of this Act.
 
 
States that if the Secretary or the Secretary of State revokes a visa: (1) the relevant consular, law enforcement, and terrorist screening databases shall be immediately updated; and (2) look-out notices shall be posted to all DHS port inspectors and Department of State consular officers.
 
Amends INA to: (1) eliminate the exception permitting judicial review of a visa revocation where such revocation is the sole ground for a deportation process based upon an alien's unlawful U.S. presence, and (2) prohibit any court from hearing a claim arising from a visa revocation.


Legislative actions:
action_date: 2012-03-08
text: Placed on the Union Calendar, Calendar No. 283.
action_date: 2012-03-08
text: Committee on Homeland Security discharged.
action_date: 2012-03-08
text: Committee on Homeland Security discharged.
action_date: 2012-03-08
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 112-411, Part I.
action_date: 2012-03-08
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 112-411, Part I.
action_date: 2011-06-23
text: Ordered to be Reported (Amended) by the Yeas and Nays: 17 - 11.
action_date: 2011-06-23
text: Committee Consideration and Mark-up Session Held.
action_date: 2011-06-20
text: Subcommittee on Immigration Policy and Enforcement Discharged.
action_date: 2011-05-19
text: Referred to the Subcommittee on Border and Maritime Security.
action_date: 2011-05-11
text: Subcommittee Hearings Held.
action_date: 2011-05-06
text: Referred to the Subcommittee on Immigration Policy and Enforcement.
action_date: 2011-05-05
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2011-05-05
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2011-05-05
text: Introduced in House
action_date: 2011-05-05
text: Introduced in House