Mohamed Sabry Soliman, an illegal immigrant from Egypt, recently shocked the nation in his attack of a Jewish group in Downtown Boulder, Colorado, with homemade incendiary devices. This horrific act injured 15 individuals, including seniors aged 52 to 88 and a Holocaust survivor.
In the aftermath of Soliman’s arrest, many questioned he and his family’s immigration status. The Wall Street Journal reports that the Solimans entered the U.S. in August 2022 on B2 visitor visas, which allow foreign nationals to visit the U.S. temporarily for up to six months. Some visitors may file for multiple extensions and legally remain in the country for up to 18 months. Importantly, B2 visa is a non-immigrant visa (NIV) that requires applicants to demonstrate their intent to timely return to their home country during the application process, especially during interviews at the U.S. Consulate.
The actions of the Soliman family, however, have raised concerns. According to the WSJ, they applied for asylum in September 2022, just one month after arriving in the United States on B2 visas. This timeline suggests that their intention was never to visit temporarily, but rather to exploit their visitor visas to enter and remain in the U.S. permanently. The timeline also indicates that the Soliman family may not have been truthful in their visa applications — a serious breach of the trust established by the visa agreement.
The Soliman family has been living in Colorado Springs, Colorado, for the past three years, yet their asylum application has not been approved. This means the family has been residing in the United States illegally because their original B2 visas have already expired. Additionally, the elder Soliman’s work authorization, granted under the Biden administration, has also reportedly “lapsed.”
The Solimans’ immigration status is emblematic of a much larger issue. While public attention often emphasizes our southern border, it’s vital to understand that those border crossings account for only half of the rising illegal immigration problem facing our nation. In my book, The Broken Welcome Mat, I highlight that nearly half of the illegal immigrants in the U.S. initially entered legally with NIVs such as B1 visas (for business visitors) and B2 visas (for tourists) and then overstayed their permitted time.
The abuse of NIVs escalated alarmingly under the Biden administration. An analysis by former diplomat Dave Seminara in the City Journal reveals that the number of B2 visas issued by U.S. consulates in March 2023 has more than doubled compared to March 2019.
To combat the rising number of visa overstayers, the U.S. must take some decisive actions. A critical first step is shifting the mindset of U.S. consulate officials who are responsible for reviewing NIV applications.
Seminara observes a troubling trend: “Consular officers are required by law to deny any tourist visa applicant who cannot convince them that he’ll return to his home country. In practice, however, many of my former colleagues take a more diplomatic approach than a law enforcement one, often giving applicants too much benefit of the doubt.”
Secretary of State Marco Rubio, who oversees all U.S. diplomatic missions around the world, must mandate that U.S. consulate officials rigorously enforce immigration laws and scrutinize each NIV applicant’s intention and plan to depart the U.S. in a timely manner before granting an approval.
The U.S. government must also closely monitor NIV holders upon their arrival in the U.S. Currently, the Department of Homeland Security (DHS) doesn’t track NIV holders’ whereabouts or when their visas expire. The only time DHS officials examine these visas is at airport customs when visitors leave the country. This approach does not effectively address the significant issue of visa overstays.
To tackle this problem, the Trump administration should prioritize the investment in an automated tracking system. Such a system would monitor NIV expiration dates, send timely reminders to visa holders, and notify DHS officials when a visa has expired without any evidence of the holder departing the U.S. Strengthening these measures is essential to safeguarding our immigration system and ensuring it serves its intended purpose.
Finally, Congress must reform our immigration laws concerning NIVs. The current regulations are excessively permissive, allowing foreign visitors to remain legally between six and 18 months. Additionally, NIV holders can change their immigration status while in the U.S., granting them the ability to apply for work or immigrant visas. Foreign visitors, who try to bypass established legal pathways for permanent residency, abuse the generosity of these NIV laws.
“The U.S. is likely the only Western country where one can arrive as a tourist and never go home — all legally,” Seminara writes.
He argues that any visitor wishing to become a permanent resident in the U.S. must first return to their home country to apply for a different visa type. He proposes reducing the authorized stay for B1/B2 visas from six months to three months, with only one permissible extension of an additional three months. These practical measures will discourage foreign visitors from exploiting and abusing U.S. immigration laws.
Implementing Seminara’s recommendations requires updating our nation’s antiquated immigration law. Unfortunately, Congress has shown little interest in immigration reform for quite some time. Soliman’s recent attack on the Jewish community in Boulder, Colorado, should be a wakeup call. Congress must pass an immigration reform bill as soon as possible.