Reminder: Passport Requirement for Western Hemisphere Air Travel Begins January 23, 2007
The Department of Homeland Security (DHS) and the State Department have issued a reminder that beginning January 23, 2007, citizens of the U.S., Canada, Mexico, and Bermuda are required to present a passport to enter the U.S. when arriving by air from any part of the Western Hemisphere.
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According to the reminder, this requirement is part of DHS and the State Department's Western Hemisphere Travel Initiative (WHTI) and is the result of recommendations made by the 9/11 Commission, which Congress subsequently passed into law in the Intelligence Reform and Terrorism Prevention Act of 2004.
Exceptions to the WHTI Passport Requirement for Air Travel
The November 24, 2006 final rule implementing this new requirement states that the only exceptions to the WHTI passport requirements for air travel would be for:
All active duty members of the U.S. Armed forces, regardless of citizenship;
Travelers entering from or departing to a foreign port or place within the Western Hemisphere, excluding Cuba, by land or by sea;
Travelers who present a Merchant Mariner Document (MMD)1 or "z-card" traveling in conjunction with maritime business;
Travelers who present a NEXUS Air card2 used at a NEXUS Air kiosk;
U.S. citizens that bear another document, or combination of documents, that the Secretary of Homeland Security has determined to be sufficient to denote identity and citizenship;
When the U.S. citizen is employed directly or indirectly on the construction, operation, or maintenance of works undertaken in accordance with the treaty concluded on February 3, 1944, between the U.S. and Mexico regarding the functions of the International Boundary and Water Commission (IBWC), or other related agreements provided that the U.S. citizen bears an official identification card issued by the IBWC;
When the Department of State waives, pursuant to Executive Order 13323, the requirement with respect to the U.S. citizen because there is an unforeseen emergency, or for humanitarian or national interest reasons; and
U.S. citizens and nationals who travel directly between parts of the U.S., which includes Guam, Puerto Rico, the U.S. Virgin Islands, American Samoa, Swains Island, and the Commonwealth of the Northern Mariana Islands, without touching at a foreign port or place.
1 A MMD is issued by the U.S. Coast Guard to Merchant Mariners.
2 Nexus Air card enrollment is limited to citizens and lawful permanent residents of the U.S. and Canada.
(In its reminder, DHS also states that Legal Permanent Residents of the U.S. may enter on their I-551 Permanent Resident Card.)
Land and Sea Travel to be Addressed in Future Proposed Rule
According to DHS, a separate proposed rule addressing land and sea travel will be published at a later date with specific requirements for travelers entering the U.S. through land and sea border crossings.
As early as January 1, 2008, citizens traveling between the U.S. and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea may be required to present a valid passport or other documents as determined by DHS to enter the U.S.
(See ITT's Online Archives or 11/30/06 news, 06113015, for BP summary of final rule implementing the passport requirement for air travel effective January 23, 2007.)
DHS reminder (dated 01/16/07) available at http://www.dhs.gov/xnews/releases/pr_1168972780899.shtm.