Constitution Index · H.R. 362 · 2025-01-13
Virgin Islands Visa Waiver Act of 2025
Latest official status (2025-01-13): Referred to the House Committee on the Judiciary.
Constitutional grade
B
Mostly sound
The bill is a federal action in the field of immigration, which is an enumerated power of Congress under Article I, Section 8, Clause 4. It does not infringe on the Bill of Rights, respects individual sovereignty by not restricting individual freedoms, and does not raise due process or takings concerns. The main issue is decentralization: while immigration is inherently a federal matter, the bill delegates significant discretion to the executive branch, which could be seen as consolidating decision-making at the federal level, but this is consistent with the constitutional framework for immigration. The bill is mostly sound with minor tension regarding the delegation of authority.
Article I, Section 8, Clause 4
SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com
The five checks
Enumerated powers · passes
Congress has explicit authority to establish a uniform rule of naturalization and to regulate commerce with foreign nations, which includes immigration and visa policies. Article I, Section 8, Clause 4 grants Congress the power to establish an uniform Rule of Naturalization, and the Supreme Court has long held that the federal government has plenary power over immigration. This bill, which authorizes a visa waiver program for the U.S. Virgin Islands, falls squarely within this enumerated power.
Bill of Rights · passes
The bill does not infringe on any of the first ten amendments. It does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, fair trial, jury, cruel and unusual punishment, or unenumerated rights. It merely establishes a visa waiver program for nonimmigrant visitors, which is a matter of immigration policy and does not implicate the Bill of Rights.
Individual liberty · passes
The bill does not restrict what individuals can do with their own person, property, speech, labor, or belief. It actually expands the ability of certain foreign nationals to enter the U.S. Virgin Islands without a visa, which is a grant of a privilege rather than a restriction. The government has a compelling interest in regulating immigration, and this bill does not impose any new restrictions on individuals.
Decentralization · passes
Immigration is inherently a federal matter, and the Constitution grants the federal government exclusive authority over naturalization and foreign commerce. The bill does not consolidate decision-making at a higher level than necessary; it delegates authority to the Department of Homeland Security, which is the appropriate federal agency for immigration enforcement. The questions: (1) An individual or family cannot handle immigration policy without government involvement, so this is not a matter for individuals. (2) A local community or county cannot handle immigration policy, as it involves foreign relations and national security. (3) A state cannot handle immigration policy, as it is a federal power. (4) The action does not consolidate decision-making upward beyond the federal level, as the federal government is the appropriate level for immigration. Therefore, the bill passes all four questions.
Due process and takings · passes
The bill does not bypass due process or take property without just compensation. It establishes a visa waiver program that allows DHS to admit nonimmigrant visitors for up to 45 days if they do not pose a threat. This is a discretionary grant of a privilege, not a deprivation of life, liberty, or property. There is no issue with procedural or substantive due process, and no takings are involved.
Provenance
- Congress.gov: HR 362 summary · fetched 2026-10-10 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| B · #786 | 2026-10-13 | vfa-constitutional-grade/1.0 | 0edf2302bc24 | current |
Cite this
Values for America. “Constitutional grade: H.R. 362, Virgin Islands Visa Waiver Act of 2025.” VFA Constitution Index, grade 786 (rubric vfa-constitutional-grade/1.0), graded October 13, 2026. https://www.valuesforamerica.com/constitution-index/grades/786. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/786
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