
Questions on the Transition
By: Allen E. Kaye
What is the change beginning January 31, 2008?
Currently, upon entering the United States at a land border port of entry, an individual without documentation can verbally claim to be a U. S. citizen. On January 31, DHS is ending this practice such that oral declarations alone to prove identity and citizenship will no longer be sufficient. Travelers will be asked to present certain documentation from a specified list when entering the United States at land or sea ports of entry.
What is the purpose of the January 31st change?
Close a well-documented security gap, reducing the potential for an individual to gain access to the U.S. by falsely claiming through an oral declaration to be a U.S., Canadian or Bermudan citizen.
Allow U.S. Customs and Border Patrol (CBP) officers to standardize inspections against a narrower class of documents. The Jan. 31 change is a step forward from the largely subjective standard that allows travelers to present an almost limitless array of documents, such as baptismal certificates, to satisfy CBP officers of their citizenship.
Accustom travelers to presenting documentation when entering the United States. This transition period will prepare travelers for the implementation of new secure travel document requirements that will go into effect as early as June 1, 2009.
Who is affected by this change?
This change affects all U.S. citizens entering the United States by land or sea – including pleasure vessel or ferry. It also affects citizens of Canada and Bermuda who are currently exempt from document requirements. Please see the January 31, 2008 Fact Sheet for a specific list of acceptable documents.
Who is NOT affected by this change?
Travelers entering the U.S. by air. All travelers entering the United States by air have been required to present a passport or secure document since January 23, 2007.
Mexican citizens and Lawful Permanent Residents are not impacted by this change.
- Mexican citizens, including children, are currently required to present a passport with a nonimmigrant visa or a laser visa border crossing card.
- Lawful Permanent Residents may continue to present their Form I-551, Permanent Resident Card.
- Non-immigrants who have been required to present a passport and visa, or other travel document, to enter the U.S.
What documents will travelers be asked to present after January 31st?
- U.S. and Canadian citizens ages 19 and older will be asked to present documentation from a specified list. Please see the Fact Sheet for document options:http://cbp.gov/xp/cgov/newsroom/news_releases/archives/2007_news_releases/122007/12032007_4.xml.
- U.S. and Canadian children ages 18 and under will only be asked to present proof of citizenship, such as a birth certificate.
- Bermudians should present a passport issued by the Government of Bermuda or the United Kingdom, or a government-issued photo ID along with proof of citizenship.
What happens if I don’t have any documents when I cross the border at a land or sea port of entry?
Travelers who do not have the appropriate documents may be delayed while CBP officers attempt to verify their citizenship and identity. They will also be given the informational tear sheet explaining the new procedures. The intent of this transition is to raise awareness of the change, educate travelers, and allow ample time for travelers to obtain the necessary documents.
How long will the transition period last? What will happen when it ends?
The transition period will last for approximately 18 months at which time the Departments of Homeland Security and State will implement the requirement for secure travel documents, under the congressionally mandated Western Hemisphere Travel Initiative (WHTI).
When will implementation of the new requirements occur?
Implementation will occur as early as June 1, 2009. At that time, only secure documents meeting identity and citizenship requirements under WHTI will be accepted for cross-border travel through land and sea ports of entry. The public will be given considerable advance notice of the full implementation of new document requirements.
What documents will be acceptable after implementation?
The final land and sea rule for WHTI will describe which documents will be accepted after implementation. Upon publication, a list of those documents will be found on the CBP website. We anticipate that U.S. and Canadian passports; the U.S. passport card; NEXUS, SENTRI and FAST cards; and enhanced driver’s licenses and tribal cards designated by the Secretary will be accepted.
What is DHS doing to facilitate smooth implementation of the January 31 procedures?
Notice and Outreach to the Traveling Public and Border Communities
- June 26, 2007: DHS began providing notice to the traveling public and border communities regarding the Jan. 31 procedures, in conjunction with publication of the WHTI Land/Sea Notice of Proposed Rulemaking and as part of associated outreach.
- Ongoing: Since June 2007, DHS has conducted a variety of media interviews and grassroots outreach efforts. Since December, field representatives have been engaged in significant outreach activity at the local level to alert the traveling public to these upcoming changes on January 31, 2008.
- December 3, 2007: DHS and CBP issued a press release reminding the traveling public that as of January 31, 2008, all adult travelers should no longer expect that they will be able to prove identity and citizenship by relying on an oral declaration alone. Instead, travelers will be asked to present identity and citizenship document when entering the United States at land and sea ports of entry.
- Mid-December 2007: CBP officers have been providing an informational tear sheet regarding the new procedures to border crossers at land and sea ports of entry.
- December 21, 2007: CBP published a notice in the federal register advising the public that, effective January 31, 2008, CBP officers will no longer generally allow travelers claiming to be U.S., Canadian, or Bermudian citizens to establish citizenship by relying only on an oral declaration.
- January 18, 2008: DHS issued a press release reminding the traveling public of the Jan. 31 procedures and initiated an intense two-week long media push that includes outreach by regional public affairs officers and travel by headquarters officials, including the Secretary, to the border for public events.
- Now until June 2009: DHS is launching a more robust and concerted public education campaign, intended to inform travelers of document requirements which will be implemented next year.
Training of CBP Officers
- December 2007: Extensive field guidance (musters, tear sheets for the traveling public, training plans and guidance) was provided to our CBP officers in preparation for the new procedures on Jan. 31.
- January 8: More than 70 CBP Field representatives met in Washington, DC, for detailed training and information sessions about the new procedures, transition efforts and public outreach.
- Ongoing: During the transition, CBP field offices will report on traveler compliance, operational impact, and associated wait times starting on January 31, 2008.
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