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The Basics – What is it, Whom does it
affect and When does it go into effect?
The Air
portion of The Western Hemisphere Travel
Initiative (WHTI) will require, with
some exceptions, citizens of the United
States, Canada, Mexico, and the British
Overseas Territory of Bermuda to present
a passport to enter (or re-enter) the
United States when arriving by air from
any part of the Western Hemisphere
beginning January 23, 2007.
Who
will the travel initiative affect?
U.S. citizens will need a passport to
enter the United States by air from
Canada, Mexico, Bermuda, South and
Central America, and the Caribbean
(otherwise known as the Western
Hemisphere).
Also under this rule, citizens of
Mexico, Canada, and Bermuda will now
have to have a passport when entering
the United States by air.
While United States citizens are
currently required to have passports to
enter most countries in Central and
South America, this rule makes clear
that the passport must be presented upon
return to the United States as well.
When will the travel initiative be
implemented?
The
initiative will be implemented in two
phases. The timeline is as follows:
· Phase 1: Beginning January 23,
2007, U.S. citizens and citizens of
Canada, Mexico and Bermuda traveling by
air between the U.S. and Canada, Mexico,
Central and South America, the
Caribbean, and Bermuda will be required
to present a valid U.S. passport to
enter (or re-enter) the U.S.
· Phase 2: As early as January 1,
2008, U.S. citizens traveling between
the U.S. and Canada, Mexico, the
Caribbean, and Bermuda by land or sea
(including ferries), could be required
to present a valid U.S. passport or
other documents as determined by the
Department of Homeland Security in a
forthcoming separate rule. While recent
legislative changes permit a later
deadline, the Departments of State and
Homeland Security are working to meet
all requirements as soon as possible.
Ample advance notice will be provided to
enable the public to obtain acceptable
documents for land/sea entries.
How do I get a passport?
United
States citizens can visit the State
Department’s travel Web site
travel.state.gov, or call the U.S.
National Passport Information Center:
(877) 4USA-PPT; TDD/TTY: (888)
874-7793. Additionally, instructions
for obtaining a passport are available
through the U.S. Postal Service: http://www.usps.com/passport/.
Allow a
sufficient amount of time to apply and
receive the passport in advance of
travel. Please allow 6 to 8 weeks for
processing of the passport application.
If you need to travel urgently and
require a passport sooner, please visit
www.travel.state.gov for additional
information.
Peak
domestic passport processing is between
January and July. For faster service,
we recommend applying between August and
December. U.S. citizens living outside
the U.S. should contact the nearest U.S.
embassy or consulate.
Foreign
nationals should contact their
respective governments to obtain
passports.
How many U.S. citizens currently hold
passports?
According to the State Department,
approximately 70 million citizens hold
U.S. passports, an estimated 25 percent
of the population overall.
Based on
the Regulatory Assessment conducted for
the proposed and final rules for travel
in the air environment, DHS estimated
that 69 percent of US travelers to
Canada, 58 percent to Mexico, and 75
percent to the Caribbean already hold a
passport.
How many Canadian citizens travel with
passports?
In
September 2006, 90% of passengers
departing Canadian airports were
traveling with a passport. 3,422,864
(90%) of the 3,799,338 total passengers
departing Canadian airports in September
2006 traveled with passports according
to DHS
data.
How will U.S. lawful permanent residents
(LPRs) be affected by the passport
requirement?
LPRs
will continue to be able to use their
Alien Registration Card (Form I-551),
issued by DHS, or other valid evidence
of permanent residence status to apply
for entry to the United States.
What if I am an LPR but my children are
U.S. Citizens?
Children
who are U.S. Citizens will need to
obtain a passport even if their parents
are Green Card holders.
What
do I need to travel to Canada or Mexico?
Different countries may have different
travel document requirements. It is
best to check with the country you are
visiting to determine the appropriate
travel document requirements (for
instance, whether you need a passport
and/or visa). You can find out more by
referring to the State Department
website at
http://travel.state.gov.
I am a Mexican citizen and have a valid
Border Crossing Card (BCC). Will I be
required to also present a passport to
travel to the United States by air?
Yes.
Under this final rule, Mexican citizens,
just like U.S., Canadian and Bermudan
citizens, will be required to present a
passport for air travel. The BCC, while
currently serving in lieu of a passport
and visa for land border crossings
within the border region, may also be
used as a visitor’s visa. However, due
to the unique circumstances of air
travel, it was felt that the additional
presentation of a passport was
necessary.
What happens to persons who attempt to
enter or re-enter the country without a
passport or an alternative travel
document?
For the
general public, people who apply for
entry but do not have appropriate
documentation will likely 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. For foreign nationals, a
determination will be made at that time
whether to admit the individual or not.
However, to prevent delay at the ports
of entry, we would encourage all
travelers to obtain the appropriate
documents before they travel.
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.
Originally, the proposed date of
implementation for the air and sea phase
was January 1, 2007. Why the change?
Why was the sea requirement postponed?
After
examining the possible impact on
national security from the delay, the
Departments of Homeland Security and
State proposed an early 2007
implementation in response to comments
from the airline industry to facilitate
holiday travel. Based on the recently
issued Department of State proposal to
allow the use of the Passport Card in
the sea environment, Congress’ intent
with respect to the land and sea
environments as expressed in the 2007
Homeland Security Appropriations Bill,
and the public comments we received, we
have decided to defer decisions on the
proposed changes to documentation
requirements for arrivals by sea.
Other than a passport, what types of
documents will be acceptable under this
initiative for air travel?
Individuals traveling by air within the
Western Hemisphere will be required to
present a passport for admission to the
U.S. with limited exceptions.
This
Final Rule outlines two additional
documents that will be acceptable for
air travel. The first is the Merchant
Mariner Document (MMD) or “z‑card”
issued by the U.S. Coast Guard that will
be acceptable for use under WHTI by U.S.
citizen merchant mariners traveling on
official business. The other document
is the NEXUS Air card, for which
enrollment is limited to citizens of
Canada and the United States, lawful
permanent residents of the United States
and permanent residents of Canada.
Details on enrollment of this program
can be found at:
http://www.cbp.gov/xp/cgov/travel/frequent_traveler/nexus_air.xml
Can the NEXUS Air card be used at any
air location?
NEXUS
Air cards will only be accepted in
conjunction with the NEXUS program at
designated NEXUS sites. For more
information please refer to: http://www.cbp.gov/xp/cgov/travel/frequent_traveler/nexus_air.xml
How will members of the U.S. armed
forces be affected by the passport
requirement?
There
are no changes proposed for members of
the U.S. armed forces traveling on
active duty.
Currently, an individual traveling as a
member of the United States armed forces
on active duty is not required to
present a valid passport to enter or
depart the United States. There are no
changes under the air rule for members
of the U.S. armed forces. Any future
changes, if necessary, will be addressed
during the second phase of the WHTI
rulemaking process.
This
does not apply to spouses and dependents
of these military members. Spouses and
dependents will be required to present a
passport (and valid visa, if applicable)
when traveling into the United States
under WHTI.
Will travelers from U.S. territories
need to present a passport to enter the
United States?
No.
These territories are a part of the
United States. U.S. citizens returning
directly from a U.S. territory are not
considered to have left the U.S.
territory and do not need to present a
passport. U.S. territories include the
following: Guam, Puerto Rico, the U.S.
Virgin Islands, American Samoa, Swains
Island and the Commonwealth of the
Northern Mariana Islands.
Do the documentation requirements apply
to children?
Yes,
children will be required to present
their own passport when entering the
United States at airports.
Additional Background – Legislative
History and the Implementation Process
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.
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
the 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.
This
change in travel document requirements
is also 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.
In light
of the new security efforts, the United
States proposal would require all
travelers to present a passport or other
accepted document for entry into the
United States by air to determine the
eligibility for entry of legitimate
travelers without disrupting their
movement.
Did the general public provide input
into the planning and implementation of
the travel initiative?
The
general public has had the opportunity
to comment on plans to implement the
WHTI during the Advance Notice of
Proposed Rulemaking and the Notice of
Proposed Rulemaking. Those comments
were considered in preparing the Final
Rule.
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 Impact
Assessment, which was summarized in the
Notice of Proposed Rulemaking issued in
August 2006. DHS has determined that
the benefits – facilitation of travel
and increased security in the air and
sea environments justify the potential
costs.
We have been, and will continue to, work
very closely with the travel and tourism
industries, as well as border
communities and local elected officials,
to address their concerns as we move
forward in this process. Maintaining
open channels of communication are
critical in this endeavor and we welcome
responses and suggestions made by these
groups.
A complete and detailed “Regulatory
Impact Assessment” can be found in the
docket for this rulemaking:
www.regulations.gov; see also
www.cbp.gov.
How will this requirement affect land
border crossings?
DHS and the State Department understand
that the greatest potential change will
occur at the land borders. IRTPA
specifically mandated that the concerns
of border communities be considered. We
recognize the implications this might
have for industry, business and the
general public, as well as our
neighboring countries, and they are
important partners in this initiative.
Future proposed rule making will allow
these affected publics to submit
comments to the proposals for land
border implementation of the WHTI.
Currently, more than 800,000 individuals
enter the United States through the
United States’ various land border
crossings every day.
Which documents will be required for
land border crossings under WHTI?
The U.S. passport is valid for entering
the United States by land, sea or air.
DHS is exploring whether other documents
could also serve as acceptable
substitutes for the passport at land
ports of entry and expects to address
this topic in the proposed rulemaking.
We anticipate that the proposed Passport
card, BCC, SENTRI, NEXUS and FAST cards
would be acceptable under the Travel
Initiative.
Additional information on the land and
sea implementation of this requirement
will be available once a Notice of
Proposed Rulemaking is published in the
Federal Register. Additional
information as to the proposed next
steps will be made available publicly at
that time. |
