The U.S. allows citizens of 38 primarily-European countries to enter America without obtaining a visa. After the Paris and San Bernardino terror attacks, however, President Barack Obama signed a new law barring some of those citizens from the waiver program, if they’re also citizens of Iran, Iraq, Syria or Sudan.
The Department of Homeland Security (DHS) has not provided details on how it will interpret and apply the dual national provision of the law, saying it wants to prevent malevolent actors from gaming the system.
“By failing to provide clarity in how the restrictions will be enforced, it further feeds people’s perception that they are being discriminated against and that they face increased risk of travel restrictions because of their family heritage,” Jamal Abdi of the National Iranian American Council, an Iranian-American activist group, told Politico.
Others are criticizing the provision because they say it doesn’t do enough to keep bad actors out, and can still be gamed easily. Enforcement of the dual national provision, for example, will require applicants to honestly and accurately assess whether they are citizens of one of the barred countries.
“It’s an honor system with checks and balances,” a senior DHS official told Politico.
On the flip side of the issue, the European Union is considering a measure to require visas from U.S. and Canadian passport-holders who are traveling to the EU, in response to the new U.S. law.