“IMMIGRATION LAW CONNECTION”

The United States’ Department of Homeland Security (DHS), which oversees border security (incl. issues of Immigration), is flexing its muscle in what appears to be a bit of a diplomatic show-down with the European Union (EU).

At issue is the EU’s opposition to DHS’ latest attempt to gather personal data on foreign travellers to the United States in large electronic databases, as a pre-condition to continue travel under the relaxed restrictions of the Visa Waiver Program (currently only available to nationals of 27 countries).

Currently voluntary, an online registration system collects sensitive, personal data from travellers, in advance of their travel to the United States. Starting in January 2009, participation in the online system will start becoming mandatory for certain groups of travellers.

The EU, a long-time bastion of privacy protection and enforceable privacy laws, is taking issue with the U.S. government’s attempt to mass-collect sensitive, personal details of non-Citizens wishing to travel to the United States, on a global scale. According to the EU’s interpretation, anyone wishing to travel to the United States immediately must consent to full disclosure of sensitive information (which could make one ‘undesireable’ or ‘inadmissible’) and relinquish any expectation of privacy.

The United States, on the other hand, counters that this collection of information is to ensure the national security and protection of its borders and its citizenry. While DHS assures that the collection of travellers’ data is within the law, and for proper, limited purposes, the U.S., under its current administration, has historically been very lax with privacy protection in a post-9/11 world, real enforcement of privacy laws being almost non-existent.

In order to compel compliance, the U.S. is now threatening to revoke the privilege of participating in the Visa Waiver Program (VWP) for any nation not being ‘on-board’ with the latest intelligence-gathering measure, thereby requiring even a casual traveler for pleasure to obtain a B1/B2-visa, where previously no visa might have been required.

Whether or not the U.S., in this latest stage of diplomatic arm-wrestling with the EU, will make good on its promise and begin revoking Visa Waiver privileges, remains to be seen.

Hopefully, both sides can reach a mutually agreeable, face-saving compromise.