Here’s what it would take for Israel to enter America’s visa waiver program

Read More

WASHINGTON – Despite Israeli efforts to highlight progress toward gaining entry into the U.S. Visa Waiver Program, many people in the United States familiar with the years-long saga are skeptical that a resolution is imminent.

A former U.S. official familiar with the Biden administration’s thinking on the issue is particularly unconvinced. “There are very strict, congressionally mandated criteria for how to get in the program, and Israel doesn’t meet it – and it probably won’t for five to 10 years,” the official said.

Israelis have long eyed the program, which would spare them the time-consuming and expensive process of procuring a visa. Israeli membership would allow for 90-day visits for tourism or business, and would be a catalyst for economic cooperation, proponents say.

The two countries launched a joint task force in 2014 aimed at helping Israel meet the requirements. Several current administration officials were deeply involved in talks on the issue during the Obama years, including then-deputy secretary of state and current CIA chief William Burns, and then-deputy secretary of homeland security and current secretary Alejandro Mayorkas.

The main issue stymieing Israel is “reciprocity” – ensuring that all U.S. citizens are treated equal at Israeli points of entry. The influential American Israel Public Affairs Committee has lobbied for an exemption from the reciprocity rule, drawing criticism for allegedly providing a green light for Israel to turn away Arab Americans. Other U.S. lawmakers have asked for transparent reporting on Israel’s steps to comply with membership in the program.

Many travelers who are not white and Jewish have long complained about racial profiling at Ben-Gurion International Airport; meanwhile, Palestinians with American citizenship travel abroad by passing through the Allenby Bridge crossing into Jordan.

White House press secretary Jen Psaki, who served in the same position at the State Department, noted at the time that “the Department of Homeland Security and State remain concerned with the unequal treatment that Palestinian Americans and other Americans of Middle Eastern origin experience at Israel’s border and checkpoints, and reciprocity is the most basic condition of the Visa Waiver Program.”

U.S. consulate in Jerusalem merges with Embassy

Biden, Bennett statements prove: Actors in U.S. change, but the show must go on

Israel’s Bennett bashers just can’t be pleased

As the former official put it, “Issues getting through Ben-Gurion depending on your last name or skin color – those happen no matter what your citizenship is. How you treat American citizens matters.”

Israel, meanwhile, has struggled to keep less than 3 percent of its visa requests refused, a milestone it needs to pass to qualify for the program. Israel blames its shortcoming on the complicated application process, adding that its performance has improved during the years the two countries have been cooperating on the the issue.

U.S. President Joe Biden meeting with Prime Minister Naftali Bennett in the Oval Office on Friday.Evan Vucci / AP

Washington also requires Israel to provide access to fingerprint data, which Israeli law prevents it from doing. Also, U.S. lawmakers and intelligence officials have expressed concern that Israel’s entry into the program would facilitate espionage by Israel, and homeland security officials worry that too many Israelis overstay their visas.

“Put all that together, it’s hard to see it happening unless there’s special legislation,” the former official said. “The new Israeli team was looking for a political win to play up at home. Unless they get Congress to pick up legislation, I don’t think anything changes on an issue that’s existed for years.”

Despite the Trump administration’s unprecedented cooperation with then-Prime Minister Benjamin Netanyahu, entry into the Visa Waiver Program was a step too far despite bipartisan support in Congress as well as lobbying by Israeli officials and U.S.-Jewish officials and organizations. The pushback was likely due to the Trump administration’s general stance on immigration, beyond any concerns about the data or treatment at airports.

The outgoing Israeli ambassador to the United States, Gilad Erdan, has stressed the matter in recent months, including direct talks with Mayorkas. Israeli officials note that the issue was mentioned throughout Prime Minister Naftali Bennett’s trip to Washington last week – including directly by Secretary of State Antony Blinken and in the official White House readout of Bennett’s meeting with President Joe Biden.

Israeli officials note that young Israelis just out of the army make up a disproportionately high number of rejected visas due to their lack of steady employment and income. In his efforts to get Israel into the program, Erdan has explained to the Americans that army service delays Israelis’ entry into the job market, otherwise the country would meet the 3-percent threshold.

Israeli officials also believe that issues surrounding reciprocity and biometric data-sharing are solvable, and say the overstay problem isn’t a pressing one, citing a low 0.5 percent overstay rate.

Moreover, Israeli officials believe the repeated mention of the issue during Bennett’s trip to Washington indicates political will on the Americans’ part, so the red tape is surmountable.

“It’s a victory for the Israelis that they got it mentioned, but American officials set expectations with the Israelis along the lines: ‘Do you really want to mention this? We’re still a long way off and we’re not passing special legislation,'” the former U.S. official said.

“In some ways, it’s a sign of throwing a bone to the new Israeli government. One can make the case that you’re raising the stakes and the likelihood of it happening by putting it in readouts and statements,” the official added, while qualifying that Israeli admission into the program was not anywhere close to happening.

One possibility is that Israel is using the program as leverage with the United States regarding a sensitive issue, the reopening of the U.S. Consulate in Jerusalem, a kind of embassy to the Palestinians.

“The U.S. government is statutorily required to evaluate the counterterrorism, law enforcement, immigration enforcement, border management and passport security capabilities of any country wishing to join the Visa Waiver Program,” a State Department official said Wednesday, acknowledging that Israel does not yet meet all the program’s requirements. “However, we are working with Israel towards fulfilling the program requirements.”

The official added that these efforts would be beneficial for both U.S. and Israeli citizens.

“The secretary of homeland security, in consultation with the secretary of state, is authorized to designate countries to participate in the VWP, provided the countries meet all program requirements,” the official said, adding that “our experts have been in talks, and we are prepared to enhance consultations as Israel works on addressing the program’s requirements.”