New York Enhanced Driver's Licenses Will be WHTI-Compliant Alternative to Passports at Land/Sea Ports of Entry
U.S. Customs and Border Protection has issued a notice announcing that the Secretary of Homeland Security has designated New York state-issued enhanced driver's licenses and identity documents (EDLs) as acceptable documents to denote identity and citizenship for purposes of entering the U.S. at land and sea ports of entry, upon (full) implementation of the Western Hemisphere Travel Initiative.
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(Section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458), as amended, requires the development and implementation of a plan (WHTI) to require virtually all travelers entering the U.S. to present a passport, other document, or combination of documents that are deemed by the Secretary of the Department of Homeland Security (DHS) to be sufficient to denote identity and citizenship.)
U.S. Citizens Will be Able to Enter U.S. Land/Sea Ports with NY State EDLs
U.S. citizens possessing these EDLs will be permitted to present them as acceptable documents under WHTI when entering the U.S. at land and sea ports of entry.
First Phase of WHTI Went Forward, Second Phase Delayed Until June 1, 2009
The first phase of WHTI implementation, including its air travel and oral declaration components, has gone forward, while implementation of the second phase for land and sea travel is expected June 1, 2009, assuming all of the previously enacted legislative conditions have been met. The implementation status of the phases is as follows:
Passports already required for Western Hemisphere air travelers. In November 2006, the State Department and CBP issued a final rule, effective January 23, 2007, that finalized the first phase of the WHTI by requiring with some exceptions that citizens of the U.S., Canada, Mexico, and Bermuda present a passport to enter the U.S. when arriving by air from any part of the Western Hemisphere (Canada, Mexico, Bermuda, South and Central America, and the Caribbean). (See ITT's Online Archives or 11/29/06 news, 06112915, for BP summary.)
U.S./Canada/Bermuda oral declarations for land/sea travelers no longer allowed. On January 31, 2008, DHS ended the practice of accepting oral declarations alone as proof of identity and citizenship for U.S., Canadian, and Bermudian citizens entering the U.S. at land or sea ports of entry. (See ITT's Online Archives or 01/15/08 news, 08011515, for BP summary.)
Final rule requiring passports, etc. for land/sea entry delayed. While DHS and the State Department issued a final rule in April 2008 for the land and sea portion of the WHTI, the effective date was delayed until June 1, 2009 by the Consolidated Appropriations Act of 2008 (P.L. 110-161). (See ITT's Online Archives or 04/04/08 news, 08040405, for BP summary of the April 2008 final rule and delay.)
(Note that DHS has also designated the Washington State EDLs as an acceptable document to denote identity and citizenship for purposes of entering the U.S. at land and sea ports of entry upon implementation of the land and sea portion of WHTI.)
(See ITT's Online Archives or 06/30/08 news, 08063005, for BP summary of CBP's plan to modernize 39 ports of entry with Radio Frequency Identification (RFID) to facilitate the use of EDLs, etc.
See ITT's Online Archives or 01/15/08 news, 08011515, for BP summary of (full) WHTI implementation being delayed until June 1, 2009.
See ITT's Online Archives or 01/11/08 news, 08011117, for BP summary of a State final rule on PASS cards for certain land and sea travel by U.S. citizens.
See ITT's Online Archives or 12/12/07 news, 07121225, for BP summary of a DHS fact sheet on enhanced driver's licenses as an alternative WHTI-compliant document.)
CBP contact - Colleen Manaher (202) 344-1220
CBP notice (FR Pub 12/02/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-28535.pdf