Recent public incidents have brought
to the public eye a security threat to the United States. Although
the United States does not currently have any credible information
that the Islamic State in Iraq and the Levant (ISIL) or other
Syria-based terrorist groups are planning imminent attacks against
the United States, we do know that a significant number of foreign
fighters have traveled to Syria over the past three years,
including citizens from the United States and Europe. Many of these
foreign fighters have joined ISIL's and other terrorist groups'
ranks and there are significant concerns that these groups may use
these fighters to conduct external attacks. These foreign fighters
are likely to gain experience and training from the Syria-based
groups and eventually may return to their own countries
battle-hardened and further radicalized. Many of these fighters may
possess valid European and U.S. passports or travel documents, and
pose a potential threat for committing terrorist attacks in Europe
or the United States. In response to the increasing concerns
regarding foreign fighters, the Department of Homeland Security
(DHS) is strengthening the security of the Visa Waiver Program
(VWP) by adding data elements to the Electronic System for Travel
Authorization (ESTA). These improvements are designed to address
the immediate foreign fighter threat and to provide an additional
layer of enduring security for the VWP and facilitate visa-free
travel to the United States. No single data element by itself
enhances ESTA enough to address the foreign fighter threat. It is
the combined totality of existing information and the changes
DHS/CBP is seeking approval to make that should help the U.S.
government mitigate the foreign fighter threat, provide an
additional layer of enduring security for the VWP, and facilitate
lawful travel under the VWP. In order to be in a better position to
disrupt the plans of foreign fighters to travel to the United
States and carry out an attack with the expertise they may have
built and developed abroad, DHS needs to know more about
individuals who are seeking authorization to travel through the
Visa Waiver Program. Passengers from visa waiver countries,
traveling under the VWP by air or sea, are required to receive a
travel authorization through the ESTA application prior to travel
to the United States. DHS has determined that these proposed ESTA
enhancements should improve the Department's ability to screen
prospective VWP travelers while more accurately and effectively
identifying those who pose a security risk to the United States.
DHS also believes enhancements to ESTA should help the Department
facilitate adjudication of ESTA applications. By requiring ESTA
applicants to provide additional information prior to travel, DHS
will enhance its ability to reduce the number of inconclusive
matches that currently result in an ESTA denial, requiring the
applicant to apply for a visa for travel to the United States. DHS
continuously seeks to improve its ability to identify prospective
travelers to the United States about whom derogatory information
exists, but about whom there is currently insufficient information
to identify them before they initiate an attack. Form I-94
(Arrival/Departure Record) and Form I-94W (Nonimmigrant Visa Waiver
Arrival/Departure) are used to document a traveler's admission into
the United States. These forms include date of arrival, visa
classification and the date the authorized stay expires. The forms
are also used by business employers and other organizations to
confirm legal status in the United States. The Electronic System
for Travel Authorization (ESTA) applies to aliens traveling to the
United States under the Visa Waiver Program (VWP) and requires that
VWP travelers provide information electronically to CBP before
embarking on travel to the United States.
In response to the
increasing concerns regarding foreign fighters, the Department of
Homeland Security (DHS) is strengthening the security of the Visa
Waiver Program (VWP) by adding data elements to the Electronic
System for Travel Authorization (ESTA). These improvements are
designed to address the immediate foreign fighter threat and to
provide an additional layer of enduring security for the VWP and
facilitate visa-free travel to the United States. No single data
element by itself enhances ESTA enough to address the foreign
fighter threat. It is the combined totality of existing information
and the changes DHS/CBP is seeking approval to make that should
help the U.S. government mitigate the foreign fighter threat,
provide an additional layer of enduring security for the VWP, and
facilitate lawful travel under the VWP. In order to be in a better
position to disrupt the plans of foreign fighters to travel to the
United States and carry out an attack with the expertise they may
have built and developed abroad, DHS needs to know more about
individuals who are seeking authorization to travel through the
Visa Waiver Program. DHS requests emergency approval of this
request because DHS is concerned that publishing the new data
elements prior to implementation will allow persons who may be
trying to cause harm to the United States may attempt to circumvent
this increased ESTA security. DHS fears that those we are trying to
prevent from entering the United States will apply for an ESTA
prior to entering these new data elements in an attempt to evade
detection and therefore gain entry into the United States.
US Code:
8 USC
231 Name of Law: Immigration and Nationality Act
PL:
Pub.L. 111 - 145 9 Name of Law: Travel Promotion Act
US Code: 8 USC
217 Name of Law: Immigration and Nationality Act
PL:
Pub.L. 110 - 53 711 Name of Law: 9/11 Act
CBP proposes to add data
elements on Form I-94W and ESTA in order to increase the security
of the Visa/Waiver program. As a result of adding new data
elements, the time per response for ESTA was increased from 15
minutes to 20 minutes, and the time per response for the I-94W was
increased from 8 minutes to 13 minutes. The burden hours were
increased accordingly.
$0
No
No
No
No
No
Uncollected
Tracey Denning 202
927-0197
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Form I-94 Arrival and Departure Record I-94
ESTA Privacy Act Statement_100114_final.docx
ESTA SORN Updated.pdf
9-11 Act PL 110-53.doc
Arrival and Departure Record I-94