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US Consul defends use of 'stop list'

The "stop list", which prevents people from travelling to the US because of criminal convictions, is a Bermuda myth, an official at the US Consulate said yesterday.

US consul, Jill Esposito said there is no such thing as a "stop list" on the Island or anywhere else. More precisely, people become ineligible to enter the US when they commit "excludable offences", she said, such as possession of a controlled substance.

Ms Esposito said US immigrations laws state that people can be ineligible to enter the country for a number of reasons. She said it is prohibited for people who have committed genocide to enter US territory, Nazi war criminals are not welcome either. One of the most common reasons for ineligibility is a criminal conviction.

Possession of a controlled substance is the most common cause for "excludability" on the Island, Ms Esposito said.

"Once you've committed a crime that is it, you're considered ineligible for life," she said. "However, there is a provision where people can apply for a waiver, in most circumstances, so they can travel to the States."

The waiver process is a complicated one that requires a number of forms to be filled out. The Immigration department requires information about the applicant's residence, employment, names of family members and other details. The applicant is also required to submit a Bermuda Police Certificate, which outlines their convictions, a certified copy of a valid passport and a photo. A non-refundable $100 fee is also required for each application.

Based on the waiver application, the Consulate then recommends that it be sent abroad to the Department of Homeland Security to be considered.

Before June, 2005 the applications were not sent abroad. The change in policy means that Bermuda applications join a list which includes every application made around the globe Waiting six months to find out if the waiver request has been accepted or rejected is not uncommon.

Ms Esposito urged locals to recognise that if they have a conviction they need to apply for the waiver quite in advance of their planned trips. Proper planning and preparation will prevent instances of students arriving at the Bermuda International Airport ready to go to school in the US only to find out they are not going anywhere because they are ineligible.

Ms Esposito would not go into details about how the Consulate finds out someone is ineligible, saying there were "many ways".

It has long been thought that one way to determine convictions is by reading the daily court reports in

One woman who wished not to be named, because she is currently applying for a renewal of her waiver, said that is exactly how she was "put on the stop list", or became "ineligible" as the Consulate refers to it.

The woman said she was convicted of minor drug possession over ten years ago and fined. Since then she has applied for waivers which can last as little as one trip or as long as five years.

While she acknowledged that she committed the crime and was able to obtain a waiver before she said the process was worrying because it was arbitrary at times and a lifelong sentence.

She said she knows people who have been rejected for a waiver and than granted a waiver after applying again. She also said she knew people who are on the "stop list" for something they did when they were young.

Ms Esposito said she "did not want to go into the nuances" when asked if underage convictions can lead to a person being ineligible.

She said it was important to realise that anyone who is not a US citizen can be required to demonstrate that they meet eligibility requirements before being admitted into the country.

"If asked, the burden of proof is on the individual to prove that they are eligible to be admitted," she said.

While the thought of not being able to travel to the US annoys Bermudians, who are known to travel abroad a lot, it is important to realise that immigration laws are in place for citizens ? not visitors, she said. Like Bermuda, the US chooses to implement laws that are in the best interest of their citizens.

"What people have to remember is that no one who is not a citizen of the United States has the right to enter the country," she said.