April 21, 2005

Western Hemisphere Travel Initiative

U.S. citizens and travelers from other countries within the Western Hemisphere have always been permitted to enter or re-enter the United States without having to present a valid passport from their countries home countries. However, due to heightened security requirements and concerns, this lenient policy may be about to change in an effort to better secure and expedite travel to and from the United States.

On April 12, 2005, the U.S. Departments of Homeland Security (DHS) and State (DOS) announced the Western Hemisphere Travel Initiative. This new Initiative was originally enacted with the passage of the Intelligence Reform and Terrorism Prevention Act of 2004 on December 17, 2004 and will require all U.S. citizens and other travelers who enter or re-enter the U.S., regardless of age, from Canada, Bermuda and Mexico to have a passport or other acceptable, secure document by January 1, 2008.

Considering the population that this effort will impact, DHS and DOS have decided to phase-in its requirements in three stages, so as to provide as much notice as possible. The Initiative’s resulting proposed deadline is as follows:

By December 31, 2005, a passport or other acceptable documentation will be required for all air and sea travel to or from Bermuda, Central and South America.

By December 31, 2006, a passport or other acceptable documentation will be required for all air and sea travel to or from Mexico or Canada.

By December 31, 2007, a passport or other acceptable documentation will be required for all air, sea and land border crossings into the United States.

As these deadlines approach, DHS and DOS plan to issue an Advance Notice of Proposed Rulemaking, requesting public comments on the process and proposed acceptable, alternative documentation to a passport that could meet its legal requirements. For example, at this time, it appears that the Border Crossing Card or SENTRI card, which are often used by Mexican nationals for traveling into the U.S., may be acceptable under the Initiative. Additional documents evidencing proof of nationality and identity are also being considered. The public will be notified of any new additions to the list of permissible travel documents. After reviewing the comments generated from this Advance Notice, both Departments also plan to issue a more formal rulemaking later this year. In addition, DHS and DOS are preparing to initiate major public relations campaigns, so as to publicize these new requirements through the airlines, travel agency community and other travel-related industry groups.

Despite the initial inconvenience that this new statutory change may have on some people, the Departments expect that the benefits of this program will far outweigh its burdens. As Homeland Security Acting Under Secretary for Border and Transportation Security, Randy Beardsworth explained, “Our goal is to strengthen border security and expedite entry into the United States for U.S. citizens and legitimate foreign visitors….By ensuring that travelers possess secure documents, such as a passport, Homeland Security will be able to conduct more effective and efficient interviews at our borders.”

Despite these interests, President Bush recently appeared concerned by the news of this change in policy, citing the need for the minimal disruption of traffic flow into the U.S. Consequently, he has ordered a review of the terms of this pending initiative, in order to further investigate alternative methods for reaching the same, secure end.