Order Code RS21043
Updated January 19, 2005
CRS Report for Congress
Received through the CRS Web
Immigration: S Visas for Criminal and
Terrorist Informants
Karma Ester
Technical Information Specialist
Domestic Social Policy Division
Summary
In response to the terrorist acts of September 11, 2001, Congress passed legislation
making permanent a provision that allows aliens with critical information on criminal
or terrorist organizations to come into the United States in order to provide information
to law enforcement officials. This legislation (S. 1424) became P.L. 107-45 on October
1, 2001. The law amends the Immigration and Nationality Act to provide permanent
authority for the administration of the “S” visa, which was scheduled to expire on
September 13, 2001. On November 29, 2001, Attorney General John Ashcroft
announced the “Responsible Cooperators Program” to reach out to persons who may be
eligible for the S visa. Up to 200 criminal informants and 50 terrorist informants may
be admitted annually. Since FY1995, almost 900 informants and their accompanying
family members have entered on S visas. This report will not be regularly updated.
Background
Following the 1993 bombing of the World Trade Center in New York City, Congress
amended the Immigration and Nationality Act (INA) to establish the new “S”
nonimmigrant visa category for alien witnesses and informants as part of the Violent
Crime Control Act of 1994.1 Nonimmigrants are admitted for a specific purpose and a
temporary period of time. Nonimmigrants — such as B-2 tourists, F-1 foreign students,
A-1 diplomats, H-2A temporary agricultural workers, J-1 exchange visitors, or L
intracompany business personnel — are typically referred to by the letter denoting the
subsection of the INA that provides the authority for their admission; hence “S visas” is
the abbreviated reference to §101(a)(15)(S) of the INA.2
1 8 U.S.C. §1101(a)(15)(S).
2 For background on immigration policy, see CRS Report RS20916, Immigration and
Naturalization Fundamentals, by Ruth Wasem.
Congressional Research Service ˜ The Library of Congress

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The provision establishing the S visa in the INA was originally due to expire on
September 13, 1999, but Congress had extended it until September 13, 2001.3 Aliens
admitted through the S visa categories are designated as S-5 and S-6 nonimmigrants.4
Request for these visas must be filed by a state or federal law enforcement agency, and
the filing agency must assume responsibility for the alien from their time of entry until
their departure, or until they adjust status. Under this law, the Attorney General has the
discretion to waive any ground of exclusion for an “S” nonimmigrant, except for those
regarding Nazi persecution and genocide.5 The length of stay for an S-5 or S-6
nonimmigrant is limited to three years, and no extension of stay is permitted, but
adjustment to legal permanent residence (LPR) is possible. As Table 1 indicates, 511
informants have been admitted from FY1995 through May FY2004.
Criminal Informants (S-5)
The S-5 classification may be granted to a foreign national who has been determined
by the Attorney General to possess critical, reliable information concerning a criminal
organization or enterprise. The alien must be willing to supply or have supplied this
information to federal or state law enforcement authorities, or to a federal or state court.
The Attorney General must also determine that the alien’s presence in the United States
is essential to the success of an authorized criminal investigation or to the successful
prosecution of an individual involved in a criminal organization or enterprise. The
number of witnesses or informants granted S-5 status in a fiscal year may not exceed 200.6
Terrorist Informants (S-6)
The S-6 category of classification may be granted to an alien who the Attorney
General and Secretary of State have determined possesses critical, reliable information
concerning a terrorist organization, operation, or enterprise, and who is willing to supply
or has supplied information to federal law enforcement authorities or to a federal court.
The Attorney General and Secretary must also determine that the alien has been or will
be placed in danger as a result of providing information, and is eligible to receive a cash
reward under §36(a) of the State Department Basic Authorities Act of 1956.7 The number
of informants admitted under this classification may not exceed 50 in any fiscal year. No
terrorist informants have been admitted under the S-6 category since 1996.
Accompanying Family Members (S-7)
The law allows the informant’s accompanying family members — including spouses,
married or unmarried children, and parents — to receive S nonimmigrant visas. These
accompanying family members are referred to as S-7 nonimmigrants. As detailed in
3 8 U.S.C. §1184(k)(2); INA §214(k)(2).
4 Due to prior use of S-1 and S-2 classification codes, the S informants are designated as S-5 and
S-6 even though the statutory cites are 101(a)(15)(S)(i) and (ii) of INA.
5 8 U.S.C. §1182(a)(3)(E); INA §212(a)(3)(E).
6 8 U.S.C. §1184(j)(1); INA §214(j)(1).
7 8 U.S.C. §1255(j)(2).

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Table 1, 332 family members of informants have been admitted from FY1995 through
FY2004.
Table 1. Nonimmigrants Admitted Under S-Visa Category,
FY1995-FY2001
Fiscal Year
Informants Admitted
Family Members Admitted
1995
59
77
1996
98
21
1997
35
19
1998
90
56
1999
50
33
2000
21
17
2001
56
22
2002
42
37
2003
30
28
2004
30
22
Total
511
332
Source: CRS presentation of data from the U.S. Department of Justice.
Adjustment of Status
The Attorney General may adjust the status of S-5 nonimmigrants and their family
members to that of aliens lawfully admitted for permanent residence (LPRs) if the aliens
have supplied information as agreed, and the information has contributed substantially to
a successful criminal investigation. The Attorney General likewise may adjust the status
of S-6 nonimmigrants and their accompanying family members to LPR status if the aliens
have — in the sole discretion of the Attorney General — substantially contributed
information that led to :
! the prevention or frustration of an act of terrorism against the United
States, or
! a successful investigation or prosecution of an individual involved in
such an act of terrorism.

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The informants also must have received a reward under §36(a) of the State Department
Basic Authorization Act of 1956.8
In order for an “S” nonimmigrant to adjust status, a Form I-854 must be filed on the
alien’s behalf by the federal or state law enforcement agency that originally requested the
visa. This application must be approved by the Assistant Attorney General in charge of
the Criminal Division of the Department of Justice, and the Assistant Secretary of
Immigration and Customs Enforcement of the Department of Homeland Security before
the alien can file the Form I-854. These LPR adjustments are then counted under the
country ceilings of the numerically limited legal immigration system. Upon adjusting
status, the nonimmigrant will remain deportable, if convicted of a crime involving moral
turpitude, for 10 years after the date of adjustment.
Other Conditions and Requirements
Aliens admitted under the S-5 and S-6 categories are required to report quarterly to
the Attorney General. If an alien fails to meet the reporting requirements, INS may
institute deportation proceedings. The alien will lose lawful nonimmigrant status if
convicted of any criminal offense punishable by one year or more of imprisonment after
the date of admission. The alien must waive the right to contest (other than on the basis
of an application for withholding of deportation) any action of deportation instituted
before that alien obtains lawful permanent residence status. The alien must also abide by
any other limitations, restrictions, or conditions imposed by the Attorney General.9
Legislative Activity
Senator Edward Kennedy, chairman of the Senate Committee on the Judiciary’s
Subcommittee on Immigration, introduced legislation (S. 1424) providing permanent
authority for the S visa on September 13, 2001, two days after the terrorist attacks in New
York and Washington, D.C. The Senate passed S. 1424 by unanimous consent that same
day. The House likewise passed S. 1424 by unanimous consent on September 15, 2001,
and the legislation was cleared for the White House the same day. Members of Congress
stated that it was very important to pass this legislation to aid federal, state, and local law
enforcement agencies in their investigation of the terrorist attacks of September 11, 2001.
On October 1, 2001, President Bush signed P.L. 107-45, providing permanent authority
for admission under the S visa.
Responsible Cooperators Program
On November 29, 2001, Attorney General John Ashcroft announced the
“Responsible Cooperators Program” to reach out to potential terrorist informants. The
Attorney General asked that all non-U.S. citizens who are present in the United States or
who seek to enter our country come forward to the FBI with any valuable information
they have to aid in the war on terrorism and said that, in return for this information, the
Department of Justice would assist nonresident aliens in obtaining S visas. The Attorney
8 8 U.S.C. §1255(j); INA §245(j).
9 8 U.S.C. §1184(k)(4); INA §214(k).

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General also stated that aliens who provide useful and reliable information but are not
technically eligible for S visas would receive assistance in seeking either parole or
deferred action status, which would allow them to reside in the United States.

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