Photo Credit: Gerald L. Nino

CBP Commissioner Robert C. Bonner holds a sample of a machine-readable passport

More secure U.S. borders

WHTI is the result of Section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004. That act required the Departments of Homeland Security (DHS) and State (DOS) to develop a plan that would require U.S. citizens and foreign nationals to present a passport (or other appropriate secure identity and citizenship documentation) when entering or re-entering the United States. Although there are other acceptable travel documents being considered, the newest passports are favored, because they use biometric information (biologically based identification devices such as fingerprints) to authenticate both the document and the traveler.

The goal of the WHTI is to strengthen border security while also making it easier for legitimate foreign visitors, as well as U.S. citizens, to travel into the United States. By requiring every traveler to have a passport or other standardized entry documentation, CBP officers will be able to spend more time scrutinizing those travelers who may aim to cause U.S. citizens and visitors harm.

A phased launch

The new requirements will take effect in stages to allow the traveling public to have as much advance notice as possible to meet the new guidelines. The WHTI will require all U.S. citizens, Canadians, citizens of the British Overseas Territory of Bermuda, and citizens of Mexico to have a passport or other accepted secure document to enter or re-enter United States by January 1, 2008.

DHS and DOS are issuing an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register to provide vital information on the plan to the public and request input and/or comment on the suggested documents and possible alternative documents that can meet the statutory requirements. DHS and DOS expect to issue a more formal rule later this year following review of those comments to implement the first phase of the initiative. This rule will take into account comments received from the ANPRM as well as soliciting further comments on the rulemaking itself.

For more information, U. S. citizens can visit the State Department’s consular website at www.travel.state.gov, or call the National Passport Information Center at 1.877.487.2778; or TDD/TTY: 1.888.874.7793.

Photo Credit: Gerald L. Nino

A CBP officer scans a traveler's machine-readable passport through a scanner to determine their identity.

Machine-readable passports

As required by the USA PATRIOT Act of 2001, and the Enhanced Border Security and Facilitation Visa Reform Act of 2002, travelers entering the United States under the Visa Waiver Program (VWP) must now present a machine-readable passport if they do not have a visa.

The original purpose of the VWP was to facilitate travel to the United States. by allowing citizens of 27 participating countries to visit this country for a period of 90 days or less without having to first obtain a visa. An estimated 15 million visitors each year will be affected by this requirement, which includes every kind of passport, including regular traveler passports, diplomatic, or official passports.

Visa Waiver Program participants Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

“Machine-readable” refers to the two lines of machine-readable data printed at the bottom of the biographic page. The document reader shortens wait times in facilitating passenger processing and reduces manual data entry mistakes.

The machine-readable passport requirements do not affect the separate deadline requiring VWP country passports issued on or after October 26, 2005, to contain biometrics in order to be used for visa free travel to the United States.

For more information and an example of a machine-readable passport, see the Department of State web site at http://www.travel.state.gov/visa/temp/without/without_1990.html#4

“The machine-readable passport benefits foreign visitors as much as it does homeland security,” said Randy Beardsworth, Acting Under Secretary for Border and Transportation Security. “With one fast swipe, frontline officers can pull up the information that they need to process legitimate travelers quickly. At the same time, this immediate information access enables our officers to focus even more on identifying and interdicting potential threats.”

How to meet the new requirement

On June 26, 2005, CBP started enforcing the machine-readable passport requirement for VWP travelers—including the requirement that children have their own machine-readable passport. CBP officers may deny entry to any traveler attempting to enter on a visa-waiver basis without a machine-readable passport. Until then, CBP officers may, at their discretion, offer a one-time exemption in some cases. As of June 26, 2005, airlines that permit a traveler to board without a machine-readable passport will be fined. Therefore, VWP travelers should:

• Apply for a new passport in their country of citizenship if the current one is not machine-readable.
• Get a nonimmigrant visa if a machine-readable passport cannot be obtained.
• Make sure that all VWP travelers—including infants—have a nonimmigrant visa or an individual machine-readable passport or a visa. (In the past, children could enter the United States under the VWP listed in their parents’ passport.)

  Passport tips In two words—“Don’t wait!” New passports take as much as 6-8 weeks to process. If you need to travel immediately and don’t have that long, visit www.travel.state.gov for additional guidance. (Foreign nationals should contact their respective governments to obtain passports.) Also, keep in mind that January-July are peak months for passport applications. If you apply between August-December, you may receive your new passport sooner. Travelers who do not have a passport have a variety of other potential options available, as follows. Mexican border: The U.S. anticipates that the Border Crossing Card will continue to be acceptable as a substitute for a passport and a visa for Mexican citizens traveling to the United States from Mexico. Other applicable programs include the Secure Electronic Network for Travelers Rapid Inspection (SENTRI) card. SENTRI is a dedicated commuter lane to expedite daily travel by land across the southern U.S border. The Free and Secure Trade (FAST) program identification card will allow drivers of low-risk cargo shipments access to a dedicated lane for expedited entry by land of cargo into the United States. Canadian border: The Nexus program provides for a dedicated lane for approved travelers and is an alternative inspection program that allows pre-screened, low-risk travelers to be processed quickly by United States and Canadian border officials at land border ports of entry. The NEXUS Air inspection program also allows pre-screened, low-risk travelers to be processed at an airport kiosk. The FAST program is also in effect on the Canadian/U.S. border.