August 12, 2004 - U.S. Customs and Border Protection (CBP) Commissioner Robert C. Bonner announced today new discretion for CBP officers to grant a one-time parole to no-risk travelers who overstayed under the Visa Waiver Program (VWP) on a prior visit. The use of discretion by CBP supervisors will avoid the detention and handcuffing which Commissioner Bonner said was “inappropriate” for minor violations of the Visa Waiver Program.

Commissioner Bonner stated: “A number of situations have come to my attention where CBP officers have denied entry to travelers from Visa Waiver Countries, on their arrival at U.S. airports, because of brief, prior overstays, sometimes just a few days, of the Visa Waiver Program, although these travelers posed no threat whatsoever to the U.S. The consequence of the decision has been that the person has been detained, often overnight, until a flight back to the country from whence they came and handcuffed while transported to and from the detention facility. This treatment is grossly disproportionate to the inadvertent prior overstays. By my action today, I have directed CBP port directors and supervisors to see that parole is granted to permit entry, except where the person poses a threat for terrorism, criminality or is likely to become an economic migrant. . . . If individuals are not a potential terrorist threat or criminal threat; nor are likely to contribute to the illegal population, and the overstay was short and inadvertent or for reasons beyond the applicant’s control, CBP officers and supervisors have the authority to parole them into the U.S.,” added Commissioner Bonner. “Minor violators, who are no threat to the security of the U.S., should not be denied entry and be subject to handcuffing and detention. . . .”

The CBP announcement further explained that “The Visa Waiver Program permits nationals from designated countries to apply for admission to the United States for 90 days or less as non-immigrant visitors for business or pleasure without first obtaining a visa. Under the Visa Waiver regulation, those individuals who overstay as part of the Visa Waiver Program must obtain a visa for subsequent visits to the U.S. With this new authority, CBP port directors and supervisors at ports of entry can grant no-risk travelers who are VWP overstays a one-time parole into the U.S. Parole is granted on a case-by-case basis and those who receive it will be informed of their status as a Visa Waiver overstay and the need to obtain a visa for any future visits to the U.S. This additional discretion will give CBP more control in the field to parole those who pose no risk for terrorism, criminality, or those who will become economic migrants.”

To view the announcement, go to: http://www.cbp.gov/xp/cgov/newsroom/press_releases/08122004_3.xml