DHS and State Dept Issue Proposed Rule on the Western Hemisphere Travel Initiative for Land and Sea Travel

Comments must be submitted on or before August 27, 2007.

(The Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA), as amended, provides that upon full implementation of the WHTI, U.S. citizens and certain classes of nonimmigrant aliens may enter the U.S. only with passports or such alternative documents as the Secretary of Homeland Security designates as satisfactorily establishing identity and citizenship.

DHS states that this proposed rule is the second phase of the WHTI plan to implement these requirements. The first phase of WHTI, which was implemented on January 23, 2007, affected air travel.¹)

This is Part I of a multi-part series of summaries on the WHTI proposed rule for land and sea travel, and highlights a U.S. Customs and Border Protection (CBP) press release on the proposed rule.

First Step: DHS Intends to End Routine Practice of Accepting Oral Declarations

As a first step toward the full implementation of WHTI, DHS plans to end the routine practice of accepting oral declarations alone at land and sea ports of entry.

On January 31, 2008, U.S. and Canadian citizens will need to present either a WHTI-compliant document or a government-issued photo ID, such as a driver's license, plus proof of citizenship, such as a birth certificate. DHS also proposes to begin alternative procedures for U.S. and Canadian children at that time.

Full Land and Sea Phase of WHTI Implementation Expected in Summer 2008

At a later date, to be determined by the DHS Secretary in consultation with the Secretary of State, the departments will implement the full requirements of the land and sea phase of WHTI. The implementation date will be determined based on a number of factors, including the progress of actions undertaken by the DHS to implement the WHTI requirements and the availability of WHTI compliant documents on both sides of the border. DHS and the State Department expect the date of full WHTI implementation to be in the Summer of 2008. The precise implementation date will be formally announced with at least 60 days notice.

Press Release Outlines Proposed WHTI Compliant Documents, Etc.

According to the CBP press release, the proposed rule would require most U.S. citizens entering the U.S. at sea or land ports of entry to have either a U.S. passport; a U.S. passport card; a trusted traveler card such as NEXUS, FAST, or SENTRI; a valid Border Crossing Card; a valid Merchant Mariner Document (MMD) when traveling in conjunction with official maritime business; or a valid U.S. Military identification card when traveling on official orders. The proposed rule also outlines ongoing efforts to provide other alternative documents.

This proposed rule also specifies the documents that, as early as January 2008, and no sooner than 60 days from the publication of the final rule, U.S. citizens and nonimmigrant aliens from Canada, Bermuda, and Mexico will be required to present when entering the U.S. at sea and land ports of entry from Western Hemisphere countries.

In addition, the proposed rule identifies unique circumstances for specific groups of travelers that would warrant permitting the use of alternative documents.

Draft Programmatic Environmental Assessment for WHTI Available

DHS has also issued a notice of availability of a draft Programmatic Environmental Assessment (PEA) for WHTI at land and sea ports of entry. The draft PEA documents a review of the potential environmental impacts (from changes to technology and operations) of meeting the requirements for standardized, secure travel documents under WHTI. (DHS notice, D/N USCBP-2007-0060, FR Pub 06/25/07, available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-12274.pdf)

¹DHS and the State Department recently announced that U.S. citizens traveling to Canada, Mexico, the Caribbean, and Bermuda who have applied for but not yet received passports can nevertheless temporarily enter and depart from the U.S. by air with a government issued photo identification and State Department official proof of application for a passport through Sept. 30, 2007. (See ITT's Online Archives or 06/11/07 news, 07061120, for BP summary of this announcement.)

(See ITT's Online Archives or 11/29/06 news, 06112915, for BP summary of the CBP/State Dept. final rule implementing WHTI for air travel effective January 23, 2007. See ITT's Online Archives or 01/22/07 news, 07012215, for BP summary of passport requirements for WHTI air travel. See ITT's Online Archives or 09/09/05 news, 05090920, for advance notice of proposed rulemaking on WHTI.)

DHS/State proposed rule (D/N USCBP 2007-0061, FR Pub 06/26/07), available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/07-3104.pdf

CBP press release (dated 06/20/07) available at http://www.cbp.gov/xp/cgov/newsroom/news_releases/06202007_5.xml

DHS Fact Sheet (dated 06/20/07) available at http://www.cbp.gov/linkhandler/cgov/travel/alerts/whti_land_sea/whti_ls_fact.ctt/whti_ls_fact.pdf