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CBP to Use "Informed Compliance" When Implementing June 1st WHTI Changes

U.S. Customs and Border Protection has issued a news release assuring U.S. and Canadian citizens that "if otherwise admissible" they will be able to re-enter the U.S. when the land and sea portion of the Western Hemisphere Travel Initiative is implemented on June 1, 2009.

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"Informed Compliance" Approach to be Applied

"We will be practical and flexible in implementing WHTI using the same informed compliance approach that proved successful during other major changes at our borders over the last two years," CBP Acting Commissioner Jayson Ahern said.

Citizens Lacking WHTI Documents Encouraged to Continue Their Travel Plans

CBP's announcement states that "U.S. and Canadian citizens who lack WHTI-compliant documents are encouraged to continue with their travel plans and to obtain WHTI travel documents as soon as possible to further expedite future [land and sea] border crossings."

WHTI Documents Include Enhanced Drivers' Licenses

WHTI documents for land and sea travel include:

U.S. or Canadian Passport;

Trusted Traveler Card (NEXUS, SENTRI, or FAST/EXPRES);

U.S. Passport Card1; or

State or Provincial Enhanced Driver's Licenses.2

U.S. and Canadian citizen children under age 16 arriving by land or sea from Canada, Mexico, or the Caribbean need only present proof of citizenship, such as an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, a Naturalization Certificate, or a Canadian Citizenship Card.

Lawful permanent residents of the U.S. should continue to present their Permanent Resident Card (I-551) when entering the U.S. A passport is not required.

(The Department of Homeland Security and the State Department's April 2008 final rule on the land and sea portion of WHTI details the documents that U.S. citizens and nonimmigrant citizens of Canada, Bermuda, and Mexico are required to present when entering the U.S. from within the Western Hemisphere at sea and land ports of entry, as required by the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA). (See ITT's Online Archives or 04/04/08 news, 08040405, for BP summary of WHTI land, sea final rule.)

The air portion of WHTI, which was implemented by an earlier final rule in January 2007, also affects U.S. citizens and nonimmigrant citizens of Canada, Bermuda, and Mexico. See ITT's Online Archives or 11/30/06 news, 06113015, for BP summary of WHTI air final rule.)

1The passport card is a low-cost alternative format passport, primarily for facilitating travel of U.S. citizens living in border regions as part of the WHTI. (See ITT's Online Archives or 01/11/08 news, 08011117, for BP summary.)

2EDLs are currently offered in the U.S. by Michigan, New York, Vermont and Washington State, and in Canada by British Columbia, Manitoba, Ontario, and Quebec.

See ITT Online Archives or 05/20/09 news, 09052015, for BP reminder with complete lists of document requirements for land/sea travelers under WHTI.

CBP announcement (dated 05/27/09) available at http://www.cbp.gov/xp/cgov/newsroom/news_releases/05272009_7.xml

CBP Fact Sheet on WHTI Land and Sea Travel Document Requirements available at http://www.cbp.gov/linkhandler/cgov/newsroom/fact_sheets/travel/whti_state_factsheet.ctt/whti_state_factsheet.pdf