A harder look at visa overstayers

"You undermine the whole principle that the law matters," says Dan Stein of the Federation for American Immigration Reform (FAIR) in Washington. "You're telling anyone who patiently waits in line that they're a sucker."

Since Sept. 11, the INS has increased scrutiny of people applying for visas, particularly among Middle Eastern men. But overall, the system remains substantially unchanged.

Back in 1996, Congress passed a law requiring the immigration service to set up a rigorous system to track when a foreigner enters and leaves the country to help curb visa overstays. It's referred to as "controlled departure" or an "entry/exit system." But after border towns objected, voicing concern about massive delays and disrupted commerce, Congress twice postponed implementation.

After Sept. 11, the House again passed a bill calling for a controlled-departure system. The Senate version is pending.

"What it would do is turn the entry/exit system into what it should be," says Mr. Krikorian. "Foreign visitors would have ID cards that they would swipe on the way in and swipe on the way out. It would make the system more viable."

But critics note such a system could cost tens of billions of dollars to implement properly. And it may do little to increase national security. They contend that with an estimated 31 million temporary visits to the US each year, looking for a terrorist at entry/exit points is a "needle in a haystack" approach.

Indeed, over the past decade, terrorists have taken advantage of just about every way to enter the country, legal and illegal.

Then there's the question of what the INS would do even it if could easily identify visa overstayers. "What are you going to do? Send the local cops after them? The INS and the FBI certainly don't have the resources to go after them," says Mr. Wernick. "It's not a cost-effective way to control terrorism. Those billions would be better spent on intelligence."

Marissa understands the moral and legal questions surrounding her illegal status. And since she's come, she's encountered the abuses many illegals face. She's been overworked, underpaid, and has no benefits or job security. "I'm so tired of being illegal, but I'm also desperate to start a new life here," she says. "I don't think most Americans understand just how lucky they are and how difficult it is other places."

Some immigration experts say the only way to start bringing the system under control is to grant amnesty to many of the people who are already here. But the bottom line, they say, is tightening up the borders.

"It's a dilemma. These do tend to be hard-working and entrepreneurial people. But we're being inundated with such people looking for economic betterment," says Austin Fragoman, one of the nation's leading immigration lawyers. "From a public-policy standpoint, we have to regulate this. Otherwise, we might as well take the walls down and let the world redistribute itself."

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