DHS and DOS to tighten up land and sea borders

29 June 2007

The US Department of Homeland Security (DHS) and the US Department of State (DOS) have announced a Notice of Proposed Rulemaking (NPRM) for the land and sea portion of the Western Hemisphere Travel Initiative (WHTI).

Investigators have repeatedly stressed the security risk posed to border security by the approximately 8,000 forms of identification currently in use, and the challenge at the borders in assessing individual travelers based on these many documents without significantly slowing the processing time for admission into the United States.

The proposed rules would require a passport or other secure document denoting citizenship and identity for all land and sea travel into the United States.

According to DHS Secretary Michael Chertoff: "Secure documents are a national imperative that will prevent dangerous people from entering our country using fraudulent identification. This initiative fixes a vulnerability first identified by the 9/11 Commission and later addressed by Congress. It will enhance our ability to assess threats and confirm identity at ports of entry, while continuing to facilitate lawful travel and commerce."

As the first rational step as we move towards full WHTI implementation, DHS intends to end the routine practice of accepting oral declarations alone at land and sea ports of entry. On 31 Jan 2008, U.S. and Canadian citizens will need to present either a WHTI-compliant document or a government-issued photo ID, such as a driver’s license, plus proof of citizenship, such as a birth certificate. DHS also proposes to begin alternative procedures for US and Canadian children at that time.

At a later date, the departments will implement the full requirements of the land and sea phase of WHTI. The implementation date will be determined based on a number of factors, including the progress of actions undertaken by the Department of Homeland Security to implement the WHTI requirements and the availability of WHTI compliant documents on both sides of the border. DHS and DOS expect the date of full WHTI implementation to be in the summer of 2008.

The proposed rules require most US citizens entering the United States at sea or land ports of entry to have either a US passport; a US passport card; a trusted traveler card such as NEXUS, FAST, or SENTRI; a valid Merchant Mariner Document (MMD) when traveling in conjunction with official maritime business; or a valid U.S. Military identification card when traveling on official orders.

For citizens of Canada, Bermuda and Mexico, the following documents are accepted forms of identification:

• Canadian citizens: May present a valid passport issued by the Government of Canada, or a valid trusted traveler program card such as NEXUS or FAST
• Bermudan citizens: May present a passport issued by the Government of Bermuda or the United Kingdom.
• Mexican citizens: As under current entry requirements, Mexican nationals, regardless of age, must present a passport issued by the Government of Mexico and a visa, or a valid Form DSP-150, B-1/B-2 laser visa (Border Crossing Card).