Miller's bill tightening visa program passes U.S. House

WASHINGTON — The U.S. House easily passed legislation Tuesday proposed by a Republican congresswoman from Michigan to tighten rules on 38 countries whose citizens can visit the U.S. without a visa and restricting travel by those who have visited Syria or Iraq or are dual citizens of those nations.

But the measure was far from popular with Democrats from the state.

The measure reforming the Visa Waiver Program introduced by U.S. Rep. Candice Miller, R-Harrison Township, won an overwhelming 407-19 vote en route to the Senate for further consideration. But among the five Democratic members of the state's congressional delegation, it could muster only one vote, that of U.S. Rep. Sander Levin, D-Royal Oak.

U.S. Rep. John Conyers of Detroit, a civil rights icon and ranking Democrat on the House Judiciary Committee, called the bill "discriminatory" and said its positive aspects were outweighed by “anything in our laws that judges individuals based on their nationality rather than their character." Reps. Debbie Dingell of Dearborn, Dan Kildee of Flint and Brenda Lawrence of Southfield voted with Conyers against it.

Southeastern Michigan is home to some of the largest Arab-American communities in the nation and, since 2013, the state has been the arrival point for more Syrian and Iraqi refugees than all but one or two states in the nation. But in the aftermath of last month's attacks in Paris, there have been efforts to slow the flow of foreign nationals into the U.S. because of fears terrorists could try to infiltrate the country.

Late Tuesday, the four Democrats put out a joint statement saying while they supported parts of the bill, the provisions "restricting the use of the visa waiver program to individuals who have traveled to Syria or Iraq or are dual nationals of those or other covered nations are discriminatory." They also argued that no hearing had been held on such a provision before it came to the House floor.

All of the state's nine Republicans voted for the legislation except U.S. Rep. Mike Bishop, R-Rochester, who missed the vote because of a medical absence. He indicated, however, he would have voted for it if he had been able to.

Miller had proposed the measure in the last Congress but it became a priority in the wake of last month’s deadly attacks in Paris, in which more than 130 people were killed. The Islamic State, otherwise known as ISIS or ISIL, took credit for those attacks.

The House also voted in recent weeks on a measure — which President Barack Obama has said he will veto — which would virtually halt resettlement of refugees from Syria and Iraq in the U.S.

Miller’s legislation, however, has broader appeal. The White House appeared ready to accept it, having already announced changes to the program to gather information on travelers who may have visited countries connected to terrorism. The U.S. Travel Association, an industry trade group, endorsed Miller's legislation months ago and was onboard with companion legislation in the Senate.

Some 20 million people enter the U.S. each year under the Visa Waiver Program, which allows travelers to come to the country for family visits, business or tourism for up to 90 days without a visa, a document which dictates the terms of a foreign national’s visit.

“Obviously the world is a much different place today and our security measures must evolve to meet any and all threats,” Miller said, speaking on the House floor. “We all recognize the vulnerabilities of our current program … Enemies of freedom are looking to use our freedoms against us.”

If passed by the Senate and signed into law by Obama, Miller’s bill would require the 38 countries participating in the Visa Waiver Program — a list that includes many European nations as well as allies such as Japan and South Korea — to continually share data with the U.S. on foreign travelers. Syria and Iraq are not included in the program, nor are any other Middle Eastern countries.

It also would add terrorism to the list of risk factors for which U.S. officials may stop someone from entering the country and require the Department of Homeland Security to suspend countries' participation if they don’t meet requirements.

The legislation would require that people traveling under the program have electronic passports — with biographical and biometric data — no later than next April and restrict the program from anyone who has traveled to Syria, Iraq or any country considered a supporter of terrorism since March 2011 or is a dual citizen of those nations.

Some concerns were raised on the House floor that the legislation would require those who have been to Syria or Iraq as journalists, or for humanitarian missions, to be barred under the Visa Waiver Program, though they could still qualify for visas by visiting their consulates, as could others barred from travel under the waiver program.

Conyers said he understood some could still get visas but expressed a belief that by subjecting anyone to increased questioning and scrutiny because of their nationalities a line was being crossed. He noted that people with dual citizenship with one of the affected countries and a Visa Waiver Program nation were likely to be the most affected.

"History has shown that arbitrary across-the-board judgments based on broad characteristics such as these do nothing to enhance our security and only cast a cloud of suspicion over entire communities here in our country," he said.

Contact Todd Spangler: 703-854-8947 or tspangler@freepress.com. Follow him on Twitter @tsspangler.