December 7, 2007

New Document Requirements for Travelers Beginning January 31, 2008

On December 3, 2007 the U.S. Department of Homeland Security (DHS) and the U.S. Department of State (DOS) issued a reminder notice of the new document requirements for travelers that begin January 31, 2008.

At that time, all adult travelers, including citizens of the U.S., Canada and Bermuda, entering the United States through land and sea ports of entry will be required to present proof of citizenship and proof of identity with a government-issued photo ID. Travelers ages 18 and under will be required to present proof of citizenship only.

Currently, oral declarations of citizens are sufficient for entrance into the United States for U.S. and Canadian citizens entering through a land and sea ports of entry. Under the new document requirements, oral declarations of citizenship alone will not be accepted. Existing nonimmigrant visa and passport requirements will remain the same and will not be effected by the new document requirements. Passports and trusted traveler program cards, such as NEXUS, SENTRI and FAST, will continue to be accepted for cross-border travel.

The change will help prepare travelers for the requirements of the Western Hemisphere Travel Initiative (WHTI), enacted by Congress in the Intelligence Reform and Terrorism Prevention Act of 2004 which in the future will require that all travelers entering the United States, including American citizens, present a biometric passport. One of the stated purposes of the WHTI is to enhance security and increase facilitation of travel across U.S. borders once implemented by requiring the presentation of secure travel documents.

Greenberg Traurig will continue to provide updates on this issue.