Announcing the Fallon Smart Policy – Visa Restrictions on Foreign Government Officials Who Have Assisted Fugitives in Evading the U.S. Justice System

The Department of State is committed to deterring and promoting accountability for extraordinary foreign government involvement in aiding fugitives to evade the U.S. justice system.

Under Section 212(a)(3)(C) of the Immigration and Nationality Act, I am announcing a new policy of visa restrictions on foreign government officials and agents who have intervened in a manner beyond the reasonable provision of consular services to assist fugitives accused or convicted of serious crimes to evade the U.S. justice system.  Such individuals are subject to the “Fallon Smart Policy.”  Immediate family members of such individuals may also be subject to this policy.

This policy is named in honor of Fallon Smart, a 15-year-old who was killed in a hit-and-run incident in 2016.  The foreign national accused of causing Fallon Smart’s death fled the United States to avoid being tried for manslaughter.

The visa restriction policy announced today is specific to foreign government officials and agents, and their immediate family members, as described above. The decision to impose visa restrictions reflects the commitment of the United States to support aspirations of fair judicial process and strengthen democracy and the rule of law.