Immigration Law Advisory - New Travel Document Requirements For Entry Into The United States Via Land And Sea Ports In Effect Starting June 1, 2009

As of June 1, 2009, under the latest phase of the Western Hemisphere Travel Initiative (WHTI), citizens of the United States, Canada and Bermuda must now present a valid passport or other WHTI-compliant document when entering the United States by land or sea from Canada, Mexico, or the Caribbean.  Formerly, as little as a valid driver’s license and evidence of citizenship (i.e., birth certificate) for United States and Canadian citizens would suffice.

WHTI-compliant travel documents for entry into the United States at land and sea ports starting June 1, 2009 include:

• Valid U.S. or Canadian passports;

• Valid U.S. Passport Card;

• Trusted Traveler Card (NEXUS, SENTRI, or FAST); or

• State or Province-issued Enhanced Driver’s License (depends on availability).

U.S. Customs and Border Protection (CBP) recently designated enhanced driver’s licenses from the states of Michigan and Vermont and the Canadian provinces of British Columbia, Manitoba, Ontario and Quebec as acceptable WHTI travel documents for United States and Canadian citizens for the purpose of entering the United States from Canada, Mexico or the Caribbean at land and sea ports of entry.

United States and Canadian citizen children under age 16, arriving in the United States by land or sea from Canada, Mexico or the Caribbean, need only present proof of citizenship, such as an original or copy of a birth certificate, a consular report of birth abroad, a naturalization certificate, or a Canadian citizenship card.

Travel documentation requirements for lawful permanent residents of the United States (“green card” holders) do not change under this phase of the WHTI.  Lawful permanent residents should continue to present their original I-551 Permanent Resident Cards when returning to the United States after travel abroad.  It is recommended that lawful permanent residents also present a valid foreign passport with their I-551 Permanent Resident Cards.

WHTI travel documentation requirements for international air travel to and from the United States have been in effect since January 23, 2007.  Please refer to our Immigration Law Advisory published on February 23, 2009 for additional information on the WHTI, its phases of implementation and a comprehensive list of WHTI-compliant travel documents for various categories of travelers.

If you have any questions or would like additional information about the WHTI, WHTI-compliant travel documentation, or require assistance with any other immigration matter, please contact Lynda Zengerle at (202) 429-8170 or lzengerle@steptoe.com; or Joan Claxton at (202) 862-5733 or jclaxton@steptoe.com.