NO THE VISA WAIVER PROGRAM IS NOT A GIANT LOOPHOLE.
The visa waiver program POST 9/11 has been revamped to have HIGHER biometric passport requirements. IOW fingerprints rfid etc.
In fact the standards were so high, ENGLAND almost LOST their approval for the waiver program.
IN ADDITION, the waiver program is dovetailed with the watch list AND those countries that participate have to have a 98% visa approval ANYWAYS.
To find out how a country qualifies go to http://travel.state.gov/visa/temp/without/without_1255.html
Keep in mind folks this encourages legitimate business in the USA. This is how we have people from italy, germany, england, france, etc. come to the USA without the disinsentive of a visa process with a HUGE approval rate. (for those who have never seen the line or the process it is a massive pain and takes too long)
As for those 2%, they get caught up with the biometrics and the watch lists now in place. (don’t forget airlines now give the names of those comming to the USA)
We must not blur LEGAL Immigration laws with the illegal alien issue.
Going tinfoil hat on this issue as a knee jerk reaction will only dimminish the cause.
this is from http://travel.state.gov/visa/temp/without/without_1990.html
Visa Waiver Program (VWP)
Important Notice:
International travelers, who are nationals of Visa Waiver Program (VWP) countries, seeking to travel to the United States without a visa, should review this important information on passport requirements for travelers under the Visa Waiver Program (VWP). All VWP travelers, regardless of age or type of passport used, must present individual machine -readable passports. Previous one-time exemptions for first-time VWP travelers without MRPs ended June 26, 2005. In addition, depending on when VWP travelers’ passports were issued, other passport requirements apply:
Machine-readable passports issued or renewed/extended on or after 10/26/06 – requires integrated chip with information from the data page ( e-Passport ).
Machine-readable passports issued or renewed/extended between 10/26/05 and 10/25/06 – requires digital photograph printed on the data page or integrated chip with information from the data page.
Machine-readable passports issued or renewed/extended before 10/26/05 – no further requirements.
Temporary, emergency, official and diplomatic passports are exempted from biometric digital photo and chip requirements, but must be machine-readable.
Italian, French and Temporary German Passports
If a traveler cannot meet all of the requirements, he/she must obtain a visa for entry to the United States, and cannot travel without a visa on VWP. See Visa Waiver Program on the DHS, Customs and Border Protection (CBP) website for additional information.