Surname 1

Student’s Name
Professor’s Name
Course
Date
Visa Overstays: Impact on Today’s Immigration Crisis
1.0 Introduction
Foreign nationals who desire to go to the United States are usually required to get a visa before
they are allowed entry in to the country1. The administration of laws and policies related to
handling aliens falls under the Department of Homeland Security (DHS) and Department of
State (DOS)2. Both departments are having specific roles to execute. For example, the DOS has
the Bureau of Consular affairs that is responsible for issuing Visas, while the there is a
department within the DHS that is in charge of citizenship called U.S. Citizenship and
Immigration Services (USCIS) it is also in charge of approving immigrant petitions. There are
other agencies like the Customs and Border Protection (CBP), which is responsible for
inspecting all persons entering the United States. Furthermore, the Immigrations and Customs
Enforcement (ICE) is the agency responsible for enforcing immigration law within the United
States3.
Aliens can be classified into two classes who are issued visas (immigrants and
nonimmigrants). According to the INA, Section 222, nonimmigrants are allowed entry into the
United States for a specified period and purpose, which includes: tourists, diplomats, foreign
students, and temporary workers4. Furthermore, it is clear that many foreigners who enter the
United States of America without the use of the visa is through the Visa Waiver Program (VWP),
especially for aliens coming from a specific number of countries (France, Germany, Australia,

1
Authorities to except or to waive visa requirements are specified in law, such as the broad parole authority of the
Attorney General under §212(d)(5) of the Immigration and Nationality Act (INA) and the specific authority of the
Visa Waiver Program in §217 of the INA.
2
CRS Report R41093, Visa Security Policy: Roles of the Departments of State and Homeland Security, by Ruth
Ellen Wasem.
3
The U.S. Department of Justice Executive Office for Immigration Review (EOIR) has a significant policy role
through its adjudicatory decisions on specific immigration cases. Other departments, notably the Department of
Labor (DOL), and the Department of Agriculture (USDA), play roles in the approval process depending on the
category or type of visa sought, and the Department of Health and Human Services (DHHS) sets policy on the
health-related grounds for inadmissibility
4
Section 222(f) amended by section 413 of the USA Patriot Act, Public Law 107-56, dated October 26,
2001
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Japan, New Zealand, Italy, and Switzerland)5. Apart from the VWP, other visa exceptions of
documentary requirements have been set out by treaty, law, or regulation. For example, the INA
authorizes the delegated secretary of the Department of Homeland Security (Attorney General)
as well as the Secretary of State to grant such waivers under INA § 212(a)(7)(B)(i); 8 USC
§1182(a)(7)(B)(i). Some of these include passport requirement in times of unanticipated
emergency6, and as of 2003 the visa and passport waiver was affected7, which means an
exception in case of emergency.
Overstays of nonimmigrants has been persistent for many years and in 1981 the Select
Commission on Immigration and Refugee Policy (SCIRP) noted concerns over visa abuse and
document control and recommended introduction of an automated system that has capabilities to
track arrivals and departures of nonimmigrants 8. The recommendations were forwarded to
Congress for debate as well as the President9. It was through this Commission that a set of
comprehensive proposals were considered and inserted in the statutes of existing policies, laws
and procedures to govern admission of immigrants and refugees to the United States10.
This paper seeks to discuss what is meant by visa overstay, the background of overstay, reasons
accounting for overstay, and its impact on the immigration crisis in the United States.
In the 1990s, there arose a public concern by policy practitioners regarding the increased number
of persons who overstayed their authorized period. Through the Immigration Reform and Control Act
(IRCA) of 1996 (P.L. 99-603), the statistics indicated that about 2.7 million aliens had secured
legal status. However, the Immigration and Naturalization Service (INS) estimated that illegal
aliens within the US borders were approximately 3.5 million. The number continued to rise such
that by 1996 it was 5.8 million, out of which an approximate number of 2.1 million had
overstayed their authorized visa date, with the rest thought to have illegally entered the United
States11.
2.0 Understanding Visa Overstay
5
CRS Report RL32221, Visa Waiver Program, by Alison Siskin.
6
12 INA §212(d)(4)(A). The Homeland Security Act (P.L. 107-296) transferred most immigration-related functions
from DOJ to DHS. Whether this waiver authority remains, in whole or in part, with DOJ and the Attorney General
or with the Secretary of DHS is ambiguous
7
For additional information about these exceptions, see 8 C.F.R. §212.1; 22 C.F.R. §41.1; and 22 C.F.R. §41.2
8
P.L. 95-412 established the SCIRP, which was also referred to as the Hesburgh Commission because it was chaired
by the Reverend Father Theodore M. Hesburgh, who was President of Notre Dame at the time.
9
Select Commission on Immigration and Refugee Policy, U.S. Immigration Policy and the National Interest, Staff
Report, Washington, DC, April 30, 1981, p. xxxiii.
10
P.L. 95-412 established the SCIRP, which was also referred to as the Hesburgh Commission because it was
chaired by the Reverend Father Theodore M. Hesburgh, who was President of Notre Dame at the time.
 Surname 3

An overstay refers to when a nonimmigrant who was originally and lawfully allowed entry into
the United States for a specified authorized period, remains beyond the authorized period.
Furthermore, the definition encompasses nonimmigrants admitted for “duration of status”, who
fail to preserve that status, for example when a student stops taking full time classes. The
Department of Homeland Security (DHS) categorizes individuals as overstays by checking and
matching their departure and the change of status in their records against those of their arrival
during the time of admission, and once the departure or lack thereof, after the entry period is
after expiry of their lawful period12. Therefore, those who overstay have a tendency to reside in
the host country for a really long term like years 13 , thus contravening the terms agreed upon
when they first migrated. In addition, persons who were issued a genuine visa can stay in the
country even after the expiry of their visas. Statistics indicate that there is an estimated 11.1
million unauthorized immigrant population by 201414. In legal terms, this is a very delicate affair
for the United States of America, because there are thousands of illegal immigrants who enter the
country through a back-door, which means that they can also stay for longer periods than they
were authorized to stay, posing a security threat. The current immigration crisis affecting the
United States largely emanates from visa overstays.
The profile of outsiders who exceeded their stay and got to be distinctly unapproved is to
some degree not quite the same as that of unapproved migrants. Mexicans made up 49% of
unapproved outsiders in 2014 (counting some who arrived decades prior), however as indicated
by the report, they represent just around 9% of nonnatives (or 42,000 individuals) who landed

11
U.S. Immigration and Naturalization Service, Estimates of the Unauthorized Immigrant Population Residing in
the United States, by Country of Origin and State of Residence: October 1992, unpublished paper by Robert Warren,
1994; and U.S. Immigration and Naturalization Service, Estimates of the Unauthorized Immigrant Population
Residing in the United States: 1990 to 2000, by Robert Warren, 2003.
12
In these cases, DHS sanctions the individual who overstayed their authorized period of stay in the U.S. according
to existing immigration law. Those who overstay their visa have their visas voided at the end of their stay 8 U.S.C. §
1202(g) and become deportable under 8 U.S.C. § 1226(a)(1)(A). In addition, they may become inadmissible for a
number of years into the future. 8 U.S.C. § 1182(a)(9)(B)(i)(I) and (II) (alien inadmissible for 3 years if unlawfully
present for more than 180 days but less than a year; alien inadmissible for 10 years if unlawfully present for a year
or more, pursuant to various provisions of the Immigration and Nationality Act).Finally, they may become ineligible
for certain visas 8 U.S.C. § 1187(a)(7) (referring to VWP, “if the alien previously was admitted without a visa under
this section, the alien must not have failed to comply with the conditions of any previous admission as such a
nonimmigrant”); and 8 U.S.C. § 1182(a)(9)(B)(i)(I) and (II) (alien inadmissible for 3 years if unlawfully present for
more than 180 days but less than a year; alien inadmissible for 10 years if unlawfully present for a year or more,
pursuant to various provisions of the Immigration and Nationality Act).
13
Overstay Tracking, GAO-04-82

14
Overall numbers of U.S. unauthorized Immigrants holds steady since 2009, Pew Research Center. See Passel S.
Jeffrey and Cohn D’Vera
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via air and ocean, exceeded and had not left before the end of financial 2015. Canadians, in the
interim, represent around 1% of unapproved outsiders in Pew Research Center's most recent
gauge for 2012, however 19% of over stayers who had not withdrew before the end of monetary
2015, or 93,000 individuals. 15
3.0 Background Information on Visa Overstays
There has been a continued perception that almost all illegal immigrants used the Southern
border to sneak into the United States. Contrary to that view, in a 2006 Pew Research Center
report, it was estimated that more than 50% of illegal immigrants residing in the US entered
legally, but overstayed their visas.16
The Department of Homeland Security (DHS) estimated that in 2015, more than half a
million non-immigrants who ought to have left the country stayed longer. This number is higher
than the population of regions such as Atlanta. Those who overstayed visas accounted for a large
number compared to the ones arrested when trying to cross the border. While there are fewer
Mexicans entering the country illegally, there has been an increase in Indians and Chinese, who
use unauthorized channels to come to the United States.17 The entry of Mexicans has been largely
facilitated by the deserts in Texas, Arizona, and California.
Subsequently, foreigners who have shorter periods of stay mostly include those from
Mexico and Canada, which border the United States and they usually come to the country with
the intention of shopping or looking for professional services18. In 2011, the number of visitors
from the two nations was more than one hundred million.19 They do not travel long distances and
their visits to inland parts of America are limited. The U.S. immigration laws require anyone
from the border countries to acquire visas if they wish to stay for long20 Concerns about visa
overstays are partly fueled by the increase in illegal immigrants from Mexico. Mexicans who

15
Border Metrics: How to effectively Measure Border security and iMMigration control, Marc R. Rosenblum
and Faye Hipsman, Migration Policy Institute
16
Border Metrics: How to effectively Measure Border security and iMMigration control, Marc R. Rosenblum
and Faye Hipsman, Migration Policy Institute
17
Asian Immigrants in the United States, Migration Policy Institute, See Jie Zong and Jeanne Batalova

18
Overstay Tracking, GAO-04-82

19
Overstay Tracking, GAO-04-82

20
U.S. - Documents required for Foreign Nationals (International Travelers), U.S. Customs and Border Protection
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enter the U.S. border illegally and travel farther inland engage in criminal acts and have triggered
political debates on what should be done to counter this problem.
The presence of overstays in the United States has an impact on the provision of public
services by government agencies. The increasing number of people who are in the country
illegally implies that the education, health and other social amenities of the communities where
they reside strained.21 The rate at which foreigners tend to violate visas is high since a person can
visit the country twice a year and thirty percent decide not to leave on their second visit. 22
Although the Department of Homeland Security acknowledges that the number of such
immigrants is getting low, it is evident that only a few illegal immigrants are traced and deported
back to their home countries23 but there is a large number of illegal immigrants who haven’t been
traced.
4.0 Reasons why Visa Overstays Have Persisted
In view of the burgeoning problem of visa overstays, it is critical to establish the root causes of
this practice and also evaluate the legal impact it has on the current immigration crisis being
experienced in the country. While there have been, measures24 put in place to aid the department
of immigration, it has become an overwhelming task for them to tighten all loopholes that will
help in the detection and apprehension of all illegal immigrants. As a result, the problem has
continued to escalate as foreigners exploit those loopholes, which essentially is a violation of the
visa laws and terms.
On the one hand, the law enforcement authorities argue that the lack of adequate funding
makes it impossible to track all the foreigners who have prolonged their stay in the country25.
Furthermore, the authorities do not have sufficient information on the actual number persons
who are illegally in the country, possibly as a result of unauthorized extended stay. As a result,

21
Homeland Security produces first estimate of foreign visitors to U.S. who overstay deadline to leave, Pew
Research Centre, see JEFFREY S. PASSEL AND D’VERA COHN
22
Border Metrics: How to effectively Measure Border security and iMMigration control, Migration Policy
Institute, Marc R. Rosenblum and Faye Hipsman
23
Entry/Exit Overstay Report, Department of Home Security (DHS)

24
Steps to Better Border Security, Backgrounder #2245 on Department of Homeland Security, Jena Baker
McNeill
25
Immigration in the United States: New Economic, Social, Political Landscapes with Legislative Reform on
the Horizon, Migration Information Source, See Faye Hipsman, Doris Meissner
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the law enforcement find it quite difficult to act, because the law requires that deportation of
persons that overstayed their visa terms can only occur once the validity of their stay has been
determined and this process usually takes a long and winding process26.
The change of jobs can be considered as another major reason why there is an increase in
the number of illegal foreigners. When a visitor from other countries visits the United States, on
temporary work visa they are likely to secure jobs for a specified period after which the
authorities expect them to vacate when the contract of temporary work visa. Most of such
employees are semi-skilled casual laborers who work in farms, or industries and they are paid on
an hourly basis.27 Before the expiry of their contract lapses, there are high chances of getting
another well-paying job and shifting to it.28 With a job that promises a higher income and better
prospects than the previous one, the foreigners refuse to leave the country, thus becoming
unauthorized immigrants.29 Moreover, foreigners who are granted temporary visas and are only
expected to stay in the country for a specific period might shift to permanent jobs.
Every year, the country receives many refugees who have fled from their war-torn
nations. In order to be granted asylum, the refugees are subjected to rigorous checks by the
responsible government agencies. The screening aims at ascertaining that such persons are
eligible to be hosted by the United States. Asylum seekers must provide genuine information to
prove that they have faced threats based on religious beliefs, ethnic affiliation, as well as race
and political opinions. Such persons might be granted permanent residence or provided with
visas to stay in the country for a number of years. However, when their visas expire, there is a
likelihood that they will fear going back to the country of origin, thus prolonging the period they
were expected to be in the United States30.
Family-based immigration has also contributed significantly to visa overstays. Permanent
residents from foreign countries, who are in the United States lawfully, can make a request to
have their relatives stay with them for a specified period but the person who is being sponsored

26
ICE Official: Immigrants Who Overstay Visas Rarely Caught, NewsMax Independent American

27
The State of Immigration Hiring Lower-Skilled Workers, Businessroundtable

28
Border Metrics: How to effectively Measure Border security and iMMigration control, Migration Policy
Institute, Marc R. Rosenblum and Faye Hipsman
29
The State of Immigration Hiring Lower-Skilled Workers, Businessroundtable

30
Ibid
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must also have an adequate amount of funds to support itself. Anyone can apply and avail the US
tourist visa. While some might be granted visas for a limited period, they might choose to take
longer in the country. With the high number of visitors who stay longer than expected, it
becomes challenging for the authorities to track and apprehend the relatives of foreign residents
who are citizens of the United States.
One of the other great challenges is that even officials working in the immigration
department have been unable to establish the exact number of foreigners who have overstayed31.
This is despite the fact that millions of dollars have been invested by the federal government to
trace overstayed32. The ineffectiveness can be attributed to the lack of advanced technology,
which can help in identifying immigrants who have overstayer33. Poor technology means that it is
difficult to collect data on the number of persons who are in the country illegally. Moreover, the
lack of cooperation by tourist and airline companies also escalates the problem. The two
industries argue that it is costly to assist the government in tracking foreigners who have
overstayed34. Since highly trained and skilled employees might be part of those who have
overstayed their visas, some employers are unwilling to give information on such workers.35 This
is because the services of these laborers are essential for the success of business.
There has been a proliferation on the use of fake credentials by foreigners who overstay36.
Terrorist groups such as the ISIS encourage their members to use fake identities and passports to
move from one country to another37. This becomes possible since there is no accurate data on the
persons entering and leaving the United States. Inadequate resources allocated to the Homeland
Security makes it difficult for the agency to enforce the laws on immigration.38 As a result,

31
Visa Overstayers, FAIR

32
Visa Overstayers, FAIR

33
Visa Overstayers, FAIR

34
Visa Overstayers, FAIR

35
Border Metrics: How to effectively Measure Border security and iMMigration control, Migration Policy
Institute, Marc R. Rosenblum and Faye Hipsman
36
Visa Overstayers, FAIR

37
Oriana Zill, Crossing Borders: How Terrorists Use Fake Passports, Visas, and other Identity Documents,
PBS
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pursuing those who overstay their visas becomes a challenge and this escalates the problem
further.
The federal government, especially during the Obama administration, has not been
stringent on people who overstay their visas.39 The enforcement of immigration laws has focused
on serious offenders and foreigners considered as threat to public safety and threat to the security
of the nation40. Failure to investigate immigrants involved in minor crimes results to them
engaging in criminal activities, which cause a lot of harm to the American citizens.
Failure to enforce immigration laws by the current regime have precipitated the problem
of overstays. After their arrest, some aliens were released by orders from the Board of
Immigration Appeals (BIA). Government agencies tasked with the arrest and deportation of
aliens might not coordinate, thus compromising the identification of illegal foreigners. For
instance, in the scenario above, the person in charge of Immigration and Customs Enforcement
(ICE) might not have cooperated well with the BIA.
The Department of Homeland Security has experienced challenges in deporting persons
who are in the country illegally because such an action might be seen as a violation of the
American constitution, as well as rights to those who might deserve protection as enshrined in
the constitution.41 In addition, the raids conducted by the ICE might be viewed as discriminatory
in nature and unfairly targeting some ethnic groups. Some of the immigrants might have escaped
from their home countries because of violent attacks. When the immigration system focuses on
such people, it is viewed as a violation of basic human rights with the international community
condemning such deportations. Over the years, the ICE has been accused of coercing,
threatening, as well as intimidating immigrants with the aim of forcing them to leave the
country42. International organizations dealing with issues affecting immigrants educate them on

38
Resource and Security Issues Hinder DHS'Implementation of Homeland Security, Department of
Homeland Security Office of Inspector General
39
Many in U.S. Illegally Overstayed Their Visas Those Who Entered Legitimately Account for 40% of the 11
Million Total, Wall Street Journal (WSJ)
40
Memo Secretary U.S. Department of Homeland Security Washington, DC 20528

41
Illegal immigrants who overstay visas hardly ever caught, feds admit, Washington Times

42
Entry/Exit Overstay Report, Department of Home Security (DHS)
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their rights. This encourages foreigners to hold demonstrations when they are confronted by law
enforcement and immigration officials43.
5.0 The Status on Visa Overstays
In 2014, there has been sustained debate in Congress regarding immigration reform including
legal reform in terms of admission of foreigners (both temporary and permanent), border
security, resolutions regarding illegal immigrants, as well as the capacity of Department of
Homeland Security to establish and remove aliens who are on nonimmigrant visas who have
overstayed.44
The most recent debate on illegal immigration dominated the 2016 presidential elections.
The Republican candidate, Donald Trump, vowed to a crackdown to reduce the number of visa
overstayers.45 He argued and planned to overhaul the entire immigration department. Based on
conservatives who support the ideologies of the candidate on how to deal with illegal
immigrants, building a wall along the border of Mexico and the United States would help curb
the entry of illegal immigrants. While conducting his campaigns, the candidate said he would
introduce a system to track the illegal immigrants who have the tendency to overstay their visas.
This way, it would be easy to ensure that those in the country illegally cannot gain access to
welfare and health benefits available to the American citizens46
Trump views the presence of immigrants as the main reason why American citizens lose
jobs. Thus, the presence of foreigners who are in the country illegally can be seen as a violation
of the rights of natives. The candidate acknowledges that the law has an obligation to protect its
citizens by applying stringent immigration laws. If elected president, Trump made a promise to
deport foreigners who have overstayed in the country, yet they have a criminal record. In most of
the campaigns where he addressed most of his followers, he cited cartels and gangs that have a
lot of influence in the United States. Trump noted that protection by the government is a
fundamental right that each American should not be denied. Thus, innocent citizens should not
be killed or be subjected to any harm by people who are in the country without any legal
documents.

43
Ibid
44
U.S. Department of Homeland Security

45
DONALD J. TRUMP’S VISION

46
“Visa Overstays Are Today’s Immigration Crisis.” National Review Online, Krikorian, Mark.
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Although Trump has been viewed by critics as a candidate who is against immigrants, it
is not the case since he supports foreigners who enter the United States using the right channels.
While traversing the country, he has made a promise that all the lawful immigrants will have
their economic and social well-being protected by the government. This will be achieved by
ensuring that laws are introduced to manage the number of foreign workers who enter the
country. In addition, his message has focused on the selection of immigrants who are likely to be
more successful in the country and can sustain themselves financially. This will ensure that
foreigners do not become a liability to the government agencies. The candidate has also held a
strong stance on the need to vet those who apply for visas. This is meant to ascertain whether the
foreigners have respect for the values of the American people. Trump has vowed to bring
positive changes and will look after the immigration and overstay issues.
With terrorism being an issue of concern to the United States, Trump has been very
critical of Muslims. As such, he has indicated the need to ban them from entering the country.
Based on his opinion, there is a tendency for the Islamic State (ISIS) to recruit foreigners who
have gained entry to America as refugees. This has been the case in Minnesota, where the
number of Somali refugees continues to increase. Trump also considers it necessary to weed out
the sympathizers of terrorists. These include people who portray a lot of hostility towards the
One of the most recent evidence of how visa overstays can cause an immigration crisis is
the perceived gun attack on Donald Trump while giving his address in Reno, Nevada. A British
national, Michael Steven Sandford, who has overstayed in the country tried to take a gun from a
police officer to shoot the Republican candidate.47 From the available information on the
immigrant, it is said that he has been homeless for several months. While some critics might
blame Trump for making accusations against immigrants as the reason for an attempt on his life,
it is clear that visa overstays are a threat to both personal and national security. Other instances
have been witnessed when Islamic extremism was blamed for attacks, which took place in
Orlando and San Bernardino. Such cases are a few among many illegal foreigners who commit
crimes such as rape and take part in the drug trade.48
Some overstayers may leave the country; the number continues to increase since most of
the new immigrants have the intention to stay longer than the period indicated in their visas. The

47
Michael Sandford arrested, tried to grab officer's gun at Donald Trump event, CBC News

48
Examples of Serious Crimes by Illegal Aliens, FAIR
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estimates of visa overstay might not be correct because the authorities only focus on immigrants
who come for business and tourism purposes only. Thus, the reports that document unauthorized
overstayers are limited in scope and little attention is given to foreigners who visit the United
States to work and study in colleges and universities49.
6.0 Impact of Visa Overstays
Illegal overstays have both positive and negative impacts on the American economy. Most
employers benefit from it since they view this scenario as an opportunity to pay workers low
wages. This implies that organizations cut down on the cost of operations since the foreign labor
is cheaper compared to hiring American natives50. This is because they pay taxes like other
workers. With the cheap labor provided by such immigrants, it implies that organizations make
high profits and pay large amounts of it in taxes to the government. The American population can
also get goods at cheaper prices since the cost of production has been reduced with the inclusion
of semi-skilled laborers from foreign countries51.
The presence of illegal immigrants in the United States also leads to a decline in the
number of jobs off-shored, especially in the manufacturing industry.52 As a result, a high number
of manufacturing jobs are not taken outside the country, hence increasing the demand for
services required by the manufacturing industry in the U.S. For instance, there is a high demand
for services of transporting manufactured goods to the market. Consequently, the high-level jobs
of Native Americans are not affected and they still occupy these positions. Lowly-skilled
immigrants have sustained some industries, thus helping natives retain their jobs. These
employees play an essential role in the survival of some crucial industries since they constitute
the largest number in the workforce.
Despite the positive effects associated with visa overstays, there are many negative
implications that have resulted from the current immigration crisis. First, the immigration crisis
has a financial impact on the government. On an annual basis, the government spends a lot of
money on educating children of illegal immigrants53. In addition, there are many immigrants who
do not pay taxes to the federal and state governments, yet they benefit from public services. For
49
Ibid
50
Josh Siegel, Nearly 500,000 Foreigners Overstayed, The Daily Signal

51
ProCon.org. “Is Illegal Immigration an Economic Burden to America?”
52
"industryweek.com" Who is Killing Manufacturing

53
The Fiscal Burden of Illegal Immigration on United States Taxpayers (2013), FAIR
 Surname 12

those who pay taxes, there are high chances that they will get a refund after filing tax returns.
The current infiltration of undocumented immigrants affects the budgets of many states and lead
to deficits; this increases the fiscal burden on local authorities. The budget deficits of most states
tend to be higher than the costs incurred in providing support to illegal aliens in these states. The
amount of money spent to provide services to the illegal aliens exceeds the taxes they pay.
The fiscal burden of visa over stayers who have little education or without any education
drains the government financially. This is because such persons are eligible to benefit from most
of the programs offered by government agencies such as health insurance packages. As a result,
the government incurs extra costs in enrolling them for these services. Moreover, such aliens
qualify for welfare services and this affects the Native Americans who are eligible for such
programs. In the recent past, the presence of undocumented immigrants has pushed down the
amount of welfare money given to poor Americans. Children of illegal and unauthorized
immigrants qualify for welfare programs provided by the federal government. This has a
negative impact on the provision of such services to the children of natives54.
Although some Americans might see the presence of foreign workers as an opportunity to
get well-paid jobs, this is not the case in most instances. As many undocumented aliens fill the
semi-skilled jobs, they accept low wages compared to the natives. With cheap labor in the
market, it is no doubt that wages go low and some of the Native Americans are forced to either
accepts such payments or quit their jobs. Poor American families have been hit hard by the hiring
of illegal immigrants. The competition for lowly paid jobs between the natives and non-natives
eventually hurts Americans. This mostly affects the native workers with little education,
especially high school dropouts. Based on the population trends in the United Sates, the natives
comprise the fastest growing numbers, but the gain in employment mostly goes to the
immigrants, both legal and undocumented55.
Illegal immigrants in the country have also contributed to an increase in the crime rates in
most parts of the country. There are many crimes committed by immigrants who are in the
country without any legal documents. Such criminal acts are not documented by the federal
government agencies and this makes it almost impossible to track the offenders. The increase in
criminal activities such as petty theft and violent murders can be attributed to the presence of
foreigners who overstay their visas. Other crimes such as kidnappings, mass shootings, and drug
54
Ibid
55
Ibid
 Surname 13

trafficking cases can be attributed to the undocumented immigrants in the country. About 900,
000 illegal immigrants are arrested each year for committing crimes. These immigrants fill the
American prisons. Thus, visa overstays threaten the peace and stability of the United States with
many undocumented aliens56.
Finally, the bulging numbers of unauthorized immigrants increases significantly on the
population figures of the U.S. There is a lot of overpopulation in schools, with some of the
immigrants’ children being given scholarships meant for American citizens. In addition, illegal
aliens affect the legal migrants and deny them access to essential government services.
Overstaying a visa is also a violation of the American immigration laws and all those who do so
should be deported back to their country of origin. Overstays should not be tolerated and giving
amnesty to such offenders only encourages more persons to violate the law. Since undocumented
immigrants are not evenly distributed in most parts of the country, this means that there are some
states with more immigrant workers compared to others and that contributes to the uneven
distribution of foreign labor in the United States.
7.0 Methods of Solving the Problem of Visa Overstays
Several strategies can be introduced to help solve the problem of undocumented immigrants who
are in the U.S. The first solution to this problem, is to stop the Illegal entrance, it can be done by
enhancing border patrols. Since most of the illegal aliens who enter the country used the
Mexican border, it is essential for the government to improve patrols and ensure that the border
is secured. To enhance these patrols, advanced technology such as drones should be used to
conduct effective surveillance of the borders. Secondly, arresting and deporting several illegal
persons can play an essential role as compared to mass deportations. There are high chances that,
when an undocumented person sees others being sent back to their country of origin, they will
self-deport themselves without the state agencies going for them.
Automation of the entry and exit of immigrants can also play a vital role in addressing the
current crisis. The immigration department should conduct e-verification of all persons entering
and leaving the country,57 biometric checks are already operational and playing an important role
in controlling it. This will ensure that all crucial data about those entering and exiting the country
is recorded and available to law enforcement agencies. Electronic check-in and checkout systems

56
Ibid
57
Border Metrics: How to effectively Measure Border security and iMMigration control, Migration Policy
Institute, Marc R. Rosenblum and Faye Hipsman
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should be established to target foreigners who travel to the country as businesspersons, tourists
and college students. This should target workers who traverse the borders and visit the
neighboring countries. With such a system, it will be possible to detect illegal persons crossing
the border.
Enforcing laws to allow the immigration officials and the Department of Homeland
Security to conduct searches in homes of immigrants can also help to address the problem. There
must be a system which will give agents in the immigration department powers to enter premises
of foreigners and enforce deportation orders. Such orders also reduce the time needed to secure
warrants to search aliens from judges and magistrates. Illegal immigrants who make attempts to
block their deportation should be subjected to criminal proceedings. The law should compel any
undocumented foreigner to present themselves before the appropriate government agencies when
they are required to do so. This will ensure that aliens do not ignore demands to surrender for
them to be sent back to their home country.
Termination of rewards offered to undocumented immigrants can also play an essential
role in solving the issue of visa overstays. The 14th amendment, to grant citizenship to the
children of illegal immigrants, as well as provide them with access to public benefits, encourages
the foreigners to continue staying in the country without authorized documents. The government
has allowed children of immigrants who are in the country illegally to continue accessing
services given to Native American citizens. This makes those who overstay to view the United
States as a land of opportunities. The rights and privileges provided to illegal immigrants under
the law should also be withdrawn since it is evident that their presence is more detrimental than
beneficial. When the benefits are withdrawn, illegal foreigners will leave voluntarily without
being driven out by immigration officials.
The implementation of better job programs can also help address the issue of illegal
immigrants in the U.S. Establishing a program that is effective will ensure that opportunities are
opened for foreigners to come and work in the country. The enacted law to prevent persons who
are in the country illegally from applying for work permit, must be followed strictly. The existing
laws should be enforced strictly in organizations to ensure that all workers have passed the
verification procedures. Employers have a legal responsibility not to hire workers whose visas
have expired. Every organization should have a database, which records crucial details about all
workers and these databases must be connected to government agencies.
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8.0 Conclusion
The population of illegal immigrants in the United States has continued to increase in recent
years. Unlike the past, when Mexicans dominated this group, there are large numbers of
foreigners who arrive in the country through legal channels but decide to overstay their visas.
Persons who violate the conditions of their admission to the country should be the biggest
concern for immigration officials. This is because such foreigners are rarely noticed by the
Homeland Security and end up becoming a security threat. The federal government has not
implemented a system, which can help in tracking persons with short-term visas. Tourists play an
important role in the economy of the United States since they bring the country a lot of revenue.
This shows the inability of DHS to thoroughly coordinate entry and exit records implies that the
government has no real way to precisely recognize the span of the visa overstayer issue. So also,
it doesn't be able to recognize the nations from which visa overstayers come or what statistic
qualities they may have in like manner. That implies that DHS can't exhort consular authorities in
a given nation that an unbalanced number of explorers from that nation with a particular kind of
visa have turned out to be overstayers, and in this way measures to lessen the issue are
unrealistic. Additionally, in light of the fact that DHS can't state what the overstayer rate is from
a given nation in the VWP, there can be no trust in substituting an exceed rate for the visa refusal
rate in choosing whether a nation ought to be incorporated into or stay in the program.

On the off chance that DHS could build up an exhaustive entry-exit information coordinating
framework for air and ocean explorers, despite everything it would not be a far-reaching
framework on the off chance that it didn't make a difference to land ports of entry. This last issue
is the most troublesome. The volume of outskirt intersections is enormous to the point that it as
of now requires stretched out investment for vehicular activity to be reviewed and conceded.
There are likewise long lines of person on foot crossers consistently who live on one side of the
outskirt and work or shop or go to class on the other.
For whatever length of time that there is not a far-reaching entry-exit coordinating framework
that incorporates arrive ports, there will be no confirmation that somebody who has touched base
via air or ocean is still in the nation illegally in light of the fact that they may have left via arrive.
Likewise, there will be no capacity for DHS to create data on outsiders utilizing BCCs to enter
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and after that work illegally close to the fringe or in the inside of the nation if entry-exit
information is not gathered on those BCC-holders when they cross the outskirt.
What's more, the length of complete exit-entry record coordinating is not accomplished, there is
no methodical intends to create required data on the degree and nature of the exceed issue or to
actualize a framework that viably denies remote guests namelessness when they got to be
overstayers to take work or plan an assault against the U.S. public.
However, there should be proper controls to ensure that those who come for recreational
purposes do not take longer than expected. This can reduce the number of visa overstayers who
are mostly people who visit the country for business and as tourists.
9.0 Critique
There is no doubt that the problem of visa overstay is a critical challenge that continues to
negatively affect the United States. Unfortunately, even with the different agencies and
departments of the Federal Government working in a collaborative manner including the
Department of Justice, the problems are widespread and foreigners will continue to exploit the
loopholes. The refugee crisis has added fuel to the problem because most of the immigrants find
moving into the United States the only safest option that they would have. In a nutshell, even
with proposed methods to solve the overstay challenge, this problem is most likely to persist for
a longer period, but it can be progressively being solved.