Terrorism Questions For Students
Faustina Trafton
These conversations among the students are called Crossfire Discussions or Crossfires because they stimulate debate. One of the learning objectives of this exercise is to give students more experience with civil discourse on controversial topics. The students do independent research on their topic in preparation for their Constitutional Crossfire Discussion. Students are organized into Crossfire Discussion groups according to their interest in the following topics:
During this exercise, Crossfire Discussion group members are to exercise civility toward each other. Students must wait to be recognized by the student moderator before speaking. No one else is to speak to the group or to other individuals when another student has the floor. Participants are expected to 1) listen to the positions taken by others; 2) ask clarifying questions of others; and 3) build on, agree, or disagree with the previous speakers' comments. Students are not to make disparaging remarks about others. Although heated debate is to be expected (and, to an extent, encouraged), the conversation should not devolve into sarcastic or disrespectful remarks, inappropriate facial expressions, or personal comments of any kind. Positions should be supported by evidence, not emotion.
Students are to base their arguments on their legal research. They should provide a legally sound reason for their arguments and not simply assert their personal feelings. To make a legally sound argument, students should connect their statements to appropriate Constitutional provisions, court cases, and/or laws. Participants may bolster their position by comparing and contrasting the facts of two or more cases. If no specific legal authority can be cited, then students are encouraged to put forth their own opinions, but they should base their position on logic and provide other relevant supporting materials. In short, arguments should be grounded in logic, not emotion.
DISCLAIMER: These resources are created by the Administrative Office of the U.S. Courts for educational purposes only. They may not reflect the current state of the law, and are not intended to provide legal advice, guidance on litigation, or commentary on any pending case or legislation.
The VWP permits citizens of certain countries to travel to the United States for business or tourism for stays of up to 90 days without a visa. In return, those countries must permit U.S. citizens and nationals to travel to their countries for a similar length of time without a visa for business or tourism purposes.
On December 18, 2015, the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the Act) became law as part of the Consolidated Appropriations Act 2016. The Act, among other things, established new eligibility requirements for travel under the VWP. These new eligibility requirements do not bar travel to the United States. Instead, a traveler who does not meet the requirements must obtain a visa for travel to the United States, which generally includes an in-person interview at a U.S. Embassy or Consulate.
The Department of Homeland Security may waive these travel-related VWP restrictions if it determines that such a waiver is in the law enforcement or national security interests of the United States. Such waivers may only be granted on a case-by-case basis.
The restrictions do not bar travel to the United States, but they do require a traveler covered by the restrictions in the law to obtain a visa from a U.S. Embassy or Consulate. Most U.S. Embassies and Consulates in VWP partner countries and worldwide have short wait times for visa interviews. Please visit travel.state.gov for general visa information or usembassy.gov to find the website of the Embassy that has jurisdiction over your residence.
If you are applying for a nonimmigrant visa after ESTA denial or revocation as a result of the Act and have imminent travel for business, medical, or humanitarian purposes to the United States, you may request an expedited visa appointment.
Visas have some advantages over the ESTA, including validity for up to 10 years versus a general two years validity for ESTA, and the option to stay in the United States for up to six months at a time, as opposed to up to 90 days under the VWP. Visa travelers generally may also extend their stay beyond six months or seek to change to a different visa class while in the United States, neither of which is allowed under the VWP.
This restriction does not apply to VWP travelers whose presence in Libya, Somalia, or Yemen was to perform military service in the armed forces of a program country, or in order to carry out official duties as a full-time employee of the government of a program country. We recommend those individuals who have traveled to one or more of the three countries listed above for military/official purposes bring appropriate documentation with them when traveling through a U.S. port of entry.
Yes. On February 18, 2016, DHS announced that it is continuing its implementation of the Act with the addition of Libya, Somalia, and Yemen as three countries of concern, limiting VWP travel for certain individuals who have traveled to these countries. DHS continues to consult with the Department of State and the Office of the Director of National Intelligence to determine whether other countries should be added to this list.
Information found in social media will enhance the vetting process and may be used to review ESTA applications to validate legitimate travel, adjudicate VWP ineligibility waivers, and identify potential threats. If you choose to answer these questions and an initial vetting by CBP indicates possible information of concern or a need to further validate information, a highly trained CBP officer will have timely visibility of the publicly available information on those platforms, consistent with the privacy settings the applicant has chosen to adopt for those platforms, along with other information and tools CBP officers regularly use in the performance of their duties.
DHS will handle social media identifiers in the same manner as other information collected through ESTA. DHS has documented these procedures in the updated ESTA System of Records Notice (SORN) and Privacy Impact Assessment (PIA), which are available on the DHS website ( ).
CBP continues to engage with the Departments of State and Commerce in outreach to the public. CBP and the Department of State also post new information and frequently asked questions on their websites, and travel.state.gov.
We strongly urge all travelers to acquire an ESTA authorization or a valid U.S. visa prior to making travel reservations. If you are concerned about your ESTA status, please go to to verify. All travelers should verify their ESTA status prior to traveling.
Yes, under the new Act, the Secretary of Homeland Security may waive these new travel-related VWP restrictions if the Secretary determines that such a waiver is in the law enforcement or national security interests of the United States. Such waivers will be granted only on a case-by-case basis.
You do not apply separately for a waiver. Travelers can apply for an ESTA and whether they are eligible for a waiver will be determined on a case-by-case basis as part of the ESTA process, consistent with the terms of the law.
If you wish to travel to the United States and your ESTA is denied or revoked, you must apply for a nonimmigrant visa at a U.S. Embassy or Consulate to travel to the United States. If you are applying for a nonimmigrant visa after an ESTA denial or revocation as a result of the new Act and have imminent travel for business, medical, or humanitarian purposes to the United States, you may request an expedited visa appointment. We suggest that you retain a copy of any ESTA denial or revocation; it may be requested in order to schedule an expedited appointment.
Additionally, all changes to the ESTA form go through notice (in the Federal Register) and public comment under the Paperwork Reduction Act and are available on reginfo.gov under OMB Control Number 1651-0111. The public is invited to provide CBP with feedback during the public comment periods that accompany each change to the form. DHS will provide notice to the public through an update to the ESTA SORN and Privacy Impact Assessment prior to changing the ESTA application.
No. If you are not covered by the new eligibility requirements of the Act and you have not had your ESTA revoked, you do not have to reapply for a new ESTA authorization until your current one expires. CBP recommends that you check the status of your ESTA authorization prior to making a reservation to travel to the United States and prior to your actual travel.
However, if you have traveled to one of the seven countries covered by the new eligibility requirements on or after March 1, 2011, CBP recommends that you do apply for a new ESTA authorization to help facilitate your travel to the United States, or apply for a visa.
During the admissions process, CBP will review any documents presented at a port of entry that demonstrate a VWP traveler meets the official government or military exceptions under the new Act. Travelers are recommended to bring certain documentation with them when they travel to the United States, including but not limited to, travel orders, official or diplomatic visas, or an official letter from a VWP country government entity, if available. Travelers may also be asked questions about their travel during the admissions process.
Global Entry is a CBP program (separate from ESTA) that allows expedited clearance for pre-approved, low-risk travelers upon arrival in the United States. Members enter the United States using automatic kiosks at select airports.
DHS will handle the new information in the same manner as other information collected through ESTA and will document these procedures in the SORN and PIA. As before, DHS will screen intending VWP travelers to determine their eligibility to travel to the United States under the VWP. The additional questions will be used to help CBP personnel determine whether applicants are eligible for travel and admission to the United States under the VWP.
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