NYC Attacker Entered U.S. Through Diversity Visa Lottery Program

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Law enforcement officials confirmed that Sayfullo Saipov, the man accused of killing eight and injuring 11 in Lower Manhattan on Halloween, entered the United States through the diversity visa lottery program. Saipov, who drove a Home Depot rental truck into a group of pedestrians and cyclists in an ISIS style attack, is an Uzbekistan national who lived in New Jersey and drove for Uber.

In a series of tweets this morning, President Donald Trump criticized the controversial program, stating that he would prefer a merit-based immigration system that awarded visas to applicants based on a person’s ability to contribute to the economy, rather than on a purely random basis. “The terrorist came into our country through what is called the ‘Diversity Visa Lottery Program,’ a Chuck Schumer beauty. I want merit based,” Trump tweeted. “We are fighting hard for Merit Based immigration, no more Democrat Lottery Systems. We must get MUCH tougher (and smarter),” the President added.

Indeed, thanks to Schumer’s 1990 House bill that created the diversity visa lottery program, many low skill foreign nationals are able to enter the United States, often with little or no connection to the country. The government awards up to 55,000 visas annually to random applicants through the program. The lottery provides a pathway to citizenship and does not consider whether that alien has any preexisting ties – employment or familial – to the country. According to State Department statistics, applicants originating from The Republic of Congo, Egypt, Iran, Nepal, and Sudan have benefited most from the program in recent years.

Congress is currently considering legislation, however, to bring the U.S. immigration system to the twenty-first century. The RAISE Act (S. 1720), introduced by Senators Tom Cotton (R-Ark.) and David Perdue (R-Ga.), would replace our employment-based green card system with a points-based system. Specifically, the bill amends immigration law to eliminate the diversity visa lottery program, end chain migration, and limit the number of refugees admitted annually into the U.S.

The RAISE Act also replaces our employment-based green card system with a merit-based system. The bill requires an applicant to earn at least 30 points (awarded on the basis of employment- and assimilation- based capabilities) to apply to receive one of 140,000 green cards that would be distributed annually.

For a fix that is more limited in scope, Congressman Bill Posey (R-Fla.) introduced the SAFE for America Act (H.R. 1178), which would eliminate the diversity visa lottery program. However, the bill does not does not further reform the legal immigration system.

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About Author

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An attorney by trade, Elizabeth brings a deep understanding of the variety of statutes that govern U.S. immigration law to FAIR’s Government Relations department. In her current role, she reviews and analyzes federal legislation and regulations, as well as conducts research on a wide variety of legal and immigration-related topics. Elizabeth also represents FAIR before Congress and the administration, with a focus on developing and implementing FAIR’s advocacy strategy as it pertains to federal agencies with immigration jurisdiction. She also advises other FAIR departments on executive branch developments to coordinate messaging to advance the organization’s goals. Elizabeth joined FAIR in 2012 as a member of the State and Local department, where she assisted state and local legislators draft constitutionally sound legislation and develop strategies to advance such legislation. She holds a Juris Doctor from the George Washington University Law School, and a Bachelor of Arts in History and Philosophy from Rutgers University. Elizabeth is a member of the District of Columbia and Virginia bars.

2 Comments

  1. avatar

    Not only do we have the attacks that succeed, but what gets far less attention from the media are the plots that are broken up. Just three weeks ago three men were arrested for a plot to bomb Times Square and the subway system. It’s why we have to be on constant guard. Why should we have to live this way because the left have decided that we all need to conform to their idea of “diversity”.

    • avatar

      The whole point and the fundamental issue is being overlooked and missed …. just like in WWII…..Japan became the enemies and all japanese were enemies……….