January 16, 2008

Passport Requirement for Canada and Mexico Delayed

Congress recently delayed the requirement that U.S., Mexican, Canadian, and Caribbean citizens entering the United States from Canada, Mexico or the Caribbean present a passport when arriving by land or sea. The Department of Homeland Security (DHS) intended to implement the passport requirement from such travelers beginning June 2008 as part of the Western Hemisphere Travel Initiative (WHTI). DHS regulations implementing the WHTI already require citizens of those countries to show a passport when they fly into the United States. Yet people arriving by air account for only ten percent of individuals crossing the border.

If President Bush signs the delaying legislation, U.S., Canadian, Mexican, and Caribbean nationals will not need to show a passport when entering the United States by land or sea until at least June 2009. Despite the one-year delay, the DHS says it plans to require most people from the United States, Canada, Mexico, and the Caribbean to present a birth certificate or some other document establishing their citizenship when they enter the United States on or after January 31, 2008.

On a related matter, Customs and Border Protection (CBP) Officers will no longer accept oral declarations as satisfactory evidence of citizenship and identity from travelers claiming to be U.S., Canadian, or Bermudian citizens. Effective January 31, 2008, all travelers, including those claiming to be U.S., Canadian, or Bermudian citizens, arriving by land and sea must present documents proving both citizenship and identity. Valid documents establishing citizenship include a birth certificate, and government-issued documents such as a driver’s license will establish identity.

For further information, please read our newsflash discussing new document requirements for travelers, effective January 1, 2008. http://www.gtlaw.com/practices/immigration/news/2007/12/07.htm.

GT will continue to monitor this situation and provide updated information as available.