Trump administration moves to tighten visa checks — what 'continuous vetting' really means

A State Department statement Thursday saying that all holders of valid U.S. visas would be subject to "continuous vetting" sounded like a dire warning to the more than 55 million foreign nationals who have permission to be in the United States.

But with few details about how the department plans to execute the effort, it was unclear if the pronouncement heralded a drastic culling of travel documents and acceleration in deportations, or something less.

The federal government has long had broad power to revoke visas -- and the Trump administration increasingly has been using it.

Since his return to office, President Donald Trump has made immigration enforcement a top priority, expanding efforts to remove not only people in the United States without legal authorization, but also visa holders, including thousands of students whom the State Department said had "either broken the law or expressed support for terrorism" while in the country.

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Critics have accused Trump's team of targeting visa holders in a haphazard and politically self-serving fashion, relying on what they argue are error-ridden databases to determine who has committed infractions serious enough to put their visas in jeopardy. In interviews, some expressed concern that millions could be unjustly affected if the State Department used such procedures across the entire visa system.

In an emailed statement, the State Department defended its practices, arguing that it "revokes visas any time there are indications of a potential ineligibility," and that officials "review all available information as part of our vetting, including law enforcement or immigration records or any other information that comes to light after visa issuance."

Yet the ultimate impact of the State Department's plans will depend on what the "continuous vetting" it cited actually entails.

The secretary of state already has almost unlimited authority to revoke visas.

Section 1201 of the Immigration and Nationality Act gives the administration broad authority to revoke visas. It states plainly that the secretary of state may void such documents "at any time, in his discretion."

That said, the State Department has guidelines for when its officers can revoke previously issued travel documents. The list includes cases in which it receives "derogatory information" from another U.S. government agency that would have made the person ineligible for that visa.

In its statement, the State Department said it regularly revokes visas for reasons including "indicators of overstays, criminal activity, threats to public safety, engaging in any form of terrorist activity or providing support to a terrorist organization."

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What is "continuous vetting"?
Traditionally, vetting of visitors applying to enter the United States has been done solely by consular officers at U.S. embassies abroad, or at ports of entry.

The screenings include background checks to ensure that applicants are not criminals and do not pose national security risks to the United States, as well as personal and financial scrutiny to verify that they can afford the trip and are not likely to overstay their visa.

Once a person had a visa and was in the United States, they typically would not have been subject to more vetting unless they left and attempted to reenter the country -- or committed a crime serious enough for the infraction to be reported to immigration enforcement authorities.

Under continuous vetting, visa holders would never be free of that scrutiny. But experts warn that how the continuous scrutiny is conducted could be problematic.

During Trump's first term, Citizenship and Immigration Services, an agency under the Department of Homeland Security, detailed plans for an automated system that would constantly screen visa holders from the time of their initial application until they became a naturalized U.S. citizen -- a status that most visa holders, especially those with tourist status, never attain nor seek to attain.

The State Department has not indicated whether it is using such a system to screen current U.S. visa holders, but experts believe that officials' use of the term "continuous vetting" makes it likely that such a system is in place.

Such a system, they said, could scrape data from everything from law enforcement databases to social media accounts, which government officials are forcing more and more visa applicants to make public.

Most visa holders, they added, would have little recourse to challenge any eligibility determinations derived from that data.

"Government data is imperfect, and many times, the government data may simply be wrong," said Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, adding: "There's a very high possibility for error."

What counts as an infraction is sometimes difficult to define.
The law details several crimes that would lead to the revocation of a U.S. visa, including aggravated felonies like murder and rape, as well as lesser crimes that can be grounds for revocation, like drunk driving.

But rights activists and others say the Trump administration has also targeted foreign nationals who have criticized the president or his policies on social media by accusing them of supporting terrorist activity.

They point to several examples of students whose visas were revoked and who were detained after they publicly expressed support for Palestinians or participating in pro-Palestinian protests. Trump has said on social media that some of those students have engaged "in pro-terrorist, anti-Semitic, anti-American activity."

Over the past few months, the Trump administration has issued policies making clear that foreign nationals will be screened for "anti-American activity" online. Certain categories of visa applicants, including students, have also been required to make their social media accounts public -- a step that critics say could be used to target foreign nationals based on their views, not on whether they pose a national security threat.

Does the policy affect everyone in the same way?
By the State Department's count, more than 55 million people are currently in possession of valid U.S. visas. That number includes foreign nationals currently in and outside the United States.

The two groups could experience continuous vetting differently.

Holders of U.S. visas who are currently outside the country probably have no recourse to challenge the revocation of a visa, as the Immigration and Nationality Act makes clear that such decisions are not subject to judicial review, provided the foreign national was properly notified.

It's slightly different for U.S. visa holders already in the United States. Revoking someone's visa doesn't automatically mean they have to leave the country -- it just makes them potentially deportable. Federal authorities would have to commence deportation proceedings -- and under the law, individuals can challenge the grounds for deportation as part of that process.

When did continuous vetting for U.S. visa holders -- whatever the specifics -- begin?
It's unclear.

The State Department did not indicate in its statement whether the policy was new, or if it was issuing new guidance. But officials have hinted that such a practice might have started at least a few months ago.

On May 29, reporters asked State Department spokesperson Tammy Bruce whether Chinese nationals ought to be concerned that their student visas could be revoked. She replied that "vetting is not a one-time process -- it's continuing," after noting that "every single person" goes through interagency security vetting.