Immigration Law Advisory - Western Hemisphere Travel Initiative Rule Outlines New Document Requirements for Air Travel

As a result of recommendations made by the 9/11 Commission, which Congress subsequently passed into law in the Intelligence Reform and Terrorism Prevention Act of 2004, the U.S. Department of Homeland Security (DHS) and U.S. Department of State (DOS) have issued the first part of the Western Hemisphere Travel Initiative (“WHTI”).

As of January 23, 2007, citizens of the United States, Canada, Mexico, and Bermuda will be required to present a passport to enter the United States when arriving by air from any part of the Western Hemisphere (Canada, Mexico, Bermuda, South and Central America, and the Caribbean ). Children will also be required to present their own passport when entering the United States by air from these countries.

The only exceptions to the passport requirement for air travel are the Merchant Mariner Document issued by the U.S. Coast Guard that will be acceptable by U.S. citizen merchant mariners traveling on official business, and the NEXUS Air card, for which enrollment is limited to citizens of Canada and the United States, lawful permanent residents of the United States, and permanent residents of Canada. The NEXUS Air cards will be accepted only in conjunction with the NEXUS program at designated NEXUS sites.

The second part of the WHTI addressing land and sea travel will be promulgated at a later date proposing specific requirements for travelers entering the United States through land and sea border crossings. It is expected that, as early as January 1, 2008, U.S. citizens traveling between the United States and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea will be required to present a valid U.S. passport or other documents as determined by the DHS.

The WHTI is expected to result in a more efficient and safe border. DOS estimates that only 25 percent of the overall U.S. citizen population have obtained passports.

Currently, travelers are not required to present a passport to enter the United States by air, but may present alternate evidence of citizenship or identity. Immigration inspection officers must assess the authenticity of each birth certificate or other identity document, regardless of where or when it was issued.

Officers intercepted more than 75,000 fraudulent documents in fiscal year 2005 and apprehended more than 84,000 individuals at the ports of entry trying to cross the border with fraudulent claims of citizenship or with fraudulent documents.

Limiting the types of documents presented should result in more efficient processing at the border by providing a means to assess individual travelers, based on the documents they present, without significantly increasing the time for admission to the United States.

If you would like additional information about the WHTI or assistance with your or your company’s immigration matters, please contact Lynda Zengerle at (202) 429-8170 or lzengerle@steptoe.com, or Joan Claxton at (202) 862-3891 or jclaxton@steptoe.com.