All Occasion Travel™
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Q. Why is the U.S. government implementing the travel initiative?
The Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) mandated that the U.S. Secretaries of Homeland Security and State develop and implement a plan to require U.S. citizens and foreign nationals to present a passport or other appropriate identity and citizenship documentation when entering the United States.
Q. Originally, the proposed date of implementation for the air phase was January 1, 2007. Why the change?
The Departments of Homeland Security and State proposed a later date in response to comments from the airline industry in order to help facilitate holiday travel. The requirement will go into effect on January 23, 2007 , 60 days after publication of the Final Rule in the Federal Register.
Q. What impact does recent legislation have on the date of implementation for the land and sea phase?
While recent legislative changes may permit a later deadline, both the Departments of State and Homeland Security are working to put all requirements in place to implement the land and sea phase by the original deadline of January 1, 2008. Advance notice will be provided to enable the public meet the land/sea border requirement. For many years, U.S. citizens, and some citizens of other countries in the Western Hemisphere including Canadians and Mexicans with Border Crossing Cards (BCCs or “Laser Visas”), have not been required to present a passport to enter he United States. Currently, a traveler may make a verbal declaration of citizenship, or present other forms of documents to enter the country that cannot currently be validated or verified in a timely manner, such as birth certificates and driver’s licenses.
Q. What is the Western Hemisphere Travel Initiative?
The Western Hemisphere Travel Initiative (WHTI) will require all travelers to and from Canada, Mexico, Central and South America, the Caribbean and Bermuda to present a passport or other accepted document that establishes the bearer’s identity and nationality to enter or re-enter the United States. The goal is to strengthen border security and facilitate entry into the United States for U.S. citizens and legitimate international travelers.
Q. What happens to U.S. citizens who attempt to re-enter the country without a passport or an alternative travel card?
Under the law, the new documentation requirements may be waived under certain circumstances. These exceptions include individual cases of unforeseen emergency and individual cases based on “humanitarian or national interest reasons.” In addition, the State Department has processes to assist U.S. citizens overseas to obtain emergency travel documentation for those with lost or stolen passports.
For the general public, people who apply for entry but do not have appropriate documentation will be referred for secondary screening at the port. In secondary, Customs and Border Protection (CBP) officers will evaluate any evidence of citizenship or identity the individual may have and will verify all information against available databases. However, to prevent delay at the ports of entry, we would encourage all U.S. citizens to obtain the appropriate documents before they travel.
Q. How is the U.S. Government implementing the travel initiative?
DHS and the Department of State are engaged in a rulemaking process to implement the WHTI. A Notice of Proposed Rulemaking (NPRM) is an agency’s method of informing the public about proposed regulations. An NPRM includes a comment period during which the public may provide written comments to the rulemaking agency. These comments are considered and responded to in the Final Rule. A joint Department of Homeland Security (DHS) - Department of State (State) Advance Notice of Proposed Rulemaking (ANPRM) was published in the Federal Register on September 1, 2005. During the 60-day public comment period following the ANPRM, more than 2,000 comments were submitted. An NPRM issued by DHS and State related to air travel was published on August 11, 2006. The Final Rule on documentary requirements for air travel under WHTI was published on November 24, 2006. A third State Department NPRM for a proposed passport card to be used at the land and sea borders was published separately on October 17, 2006.
Q. Can the general public provide input into the planning and implementation of the travel initiative?
As with the Advanced Notice of Proposed Rulemaking, the Notice of Proposed Rulemaking provides the general public an opportunity to submit written comments. Comments on the passport card NPRM may be submitted on or before December 18, 2006.
Q. Which travel documents will be accepted under the travel initiative?
U.S. Passport: U.S. citizens may present a valid U.S. passport when traveling via air between the U.S. and Canada, Mexico, Central and South America, the Caribbean, and Bermuda, and may also use a U.S. passport to when traveling via sea and land borders (including ferry crossings).
The Passport Card (also referred to as the PASS Card): This limited-use passport in card format is currently under development and will be available for use for travel only via land or sea (including ferries) between the U.S. and Canada, Mexico, the Caribbean, and Bermuda. Similar in size to a credit card, it will fit easily into a wallet.
We anticipate that these documents will continue to be acceptable for their current travel uses under WHTI: SENTRI, NEXUS, FAST, and the U.S. Coast Guard Merchant Mariner Document. As proposed, members of the U.S. Armed Forces on active duty traveling orders will continue to be exempt from the passport requirement.
Q. There have been concerns within the travel and tourism industry about the effect that the passport requirement will have on the economy. How is this being addressed?
DHS has prepared a separate economic analysis, known as the Regulatory Assessment (RA), which is summarized in the Notice of Proposed Rulemaking (NPRM) published August 11, 2006, and is available in full for review and public comment from the Federal Register docket. DHS has determined that the benefits – facilitation of travel and increased security in the air and sea environments – justify the potential costs. A complete and detailed “Regulatory Assessment” can be found in the docket for this rulemaking: www.regulations.gov; see also www.cbp.gov. For further information, please contact DHS.