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Travel Document Requirements
Q.
Why
is the U.S. government implementing the travel
initiative?
The Intelligence Reform and Terrorism Prevention Act
of 2004 (IRTPA) mandated that the U.S. Secretaries of Homeland
Security and State develop and implement a plan to require U.S.
citizens and foreign nationals to present a passport or other
appropriate identity and citizenship documentation when entering the
United States.
Q. Originally, the proposed date of
implementation for the air phase was January 1, 2007. Why the
change?
The Departments of Homeland Security and State
proposed a later date in response to comments from the airline
industry in order to help facilitate holiday travel. The
requirement will go into effect on
January 23, 2007 , 60 days after publication of the
Final Rule in the Federal Register.
Q. What impact does recent legislation have on the
date of implementation for the land and sea phase?
While recent legislative changes may permit a later
deadline, both the Departments of State and Homeland Security are
working to put all requirements in place to implement the land and
sea phase by the original deadline of January 1, 2008. Advance
notice will be provided to enable the public meet the land/sea
border requirement. For many years, U.S. citizens, and some citizens of
other countries in the Western Hemisphere including Canadians and
Mexicans with Border Crossing Cards (BCCs or “Laser Visas”), have
not been required to present a passport to enter he United States.
Currently, a traveler may make a verbal declaration of citizenship,
or present other forms of documents to enter the country that cannot
currently be validated or verified in a timely manner, such as birth
certificates and driver’s licenses.
Q. What is the Western Hemisphere Travel Initiative?
The Western Hemisphere Travel Initiative (WHTI) will
require all travelers to and from Canada, Mexico, Central and South
America, the Caribbean and Bermuda to present a passport or other
accepted document that establishes the bearer’s identity and
nationality to enter or re-enter the United States. The goal is to
strengthen border security and facilitate entry into the United
States for U.S. citizens and legitimate international travelers.
Q. What happens to U.S. citizens who attempt to
re-enter the country without a passport or an alternative travel
card?
Under the law, the new documentation requirements may
be waived under certain circumstances. These exceptions include
individual cases of unforeseen emergency and individual cases based
on “humanitarian or national interest reasons.” In addition,
the State Department has processes to assist U.S. citizens overseas
to obtain emergency travel documentation for those with lost or
stolen passports.
For the general public, people who apply for entry
but do not have appropriate documentation will be referred for
secondary screening at the port. In secondary, Customs and
Border Protection (CBP) officers will evaluate any evidence of
citizenship or identity the individual may have and will verify all
information against available databases. However, to prevent
delay at the ports of entry, we would encourage all U.S. citizens to
obtain the appropriate documents before they travel.
Q. How is the U.S. Government implementing the
travel initiative?
DHS and the Department of State are engaged in a
rulemaking process to implement the WHTI. A Notice of Proposed
Rulemaking (NPRM) is an agency’s method of informing the public
about proposed regulations. An NPRM includes a comment period
during which the public may provide written comments to the
rulemaking agency. These comments are considered and responded
to in the Final Rule. A joint Department of Homeland Security (DHS) -
Department of State (State) Advance Notice of Proposed Rulemaking
(ANPRM) was published in the
Federal Register on September 1, 2005. During the 60-day
public comment period following the ANPRM, more than 2,000 comments
were submitted. An NPRM issued by DHS and State related to air
travel was published on August 11, 2006. The Final Rule on
documentary requirements for air travel under WHTI was published on
November 24, 2006. A third State Department NPRM for a proposed passport
card to be used at the land and sea borders was published separately
on October 17, 2006.
Q. Can the general public provide input into
the planning and implementation of the travel initiative?
As with the Advanced Notice of Proposed Rulemaking,
the Notice of Proposed Rulemaking provides the general public an
opportunity to submit written comments. Comments on the passport
card NPRM may be submitted on or before December 18, 2006.
Q. Which travel documents will be accepted under the
travel initiative?
U.S. Passport: U.S. citizens may present a valid
U.S. passport when traveling via air between the U.S. and Canada,
Mexico, Central and South America, the Caribbean, and Bermuda, and
may also use a U.S. passport to when traveling via sea and land
borders (including ferry crossings).
The Passport Card (also referred to as the PASS
Card): This limited-use passport in card format is currently under
development and will be available for use for travel only via land
or sea (including ferries) between the U.S. and Canada, Mexico, the
Caribbean, and Bermuda. Similar in size to a credit card, it will
fit easily into a wallet.
We anticipate that these documents will continue to
be acceptable for their current travel uses under WHTI: SENTRI,
NEXUS, FAST, and the U.S. Coast Guard Merchant Mariner Document. As
proposed, members of the U.S. Armed Forces on active duty traveling
orders will continue to be exempt from the passport requirement.
Q. There have been concerns within the travel
and tourism industry about the effect that the passport requirement
will have on the economy. How is this being addressed?
DHS has prepared a separate economic analysis, known as
the Regulatory Assessment (RA), which is summarized in
the Notice of Proposed Rulemaking (NPRM) published
August 11, 2006, and is available in full for review
and public comment from the Federal Register docket. DHS
has
determined that the benefits – facilitation of
travel and increased security in the air and sea
environments – justify the potential costs. A
complete and detailed “Regulatory Assessment” can be
found in the docket for this rulemaking:
www.regulations.gov;
see also
www.cbp.gov.
For further information, please contact DHS. |