New rules from the U.S Department of Homeland Security make it critical for border crossers to be aware of what documentation is required to enter the United States. DHS prepared the following Q and A to enlighten travelers.

Q: What is the change that occurred Jan. 31, 2008?

A: Previously, upon entering the United States at a land border port of entry, an individual without documentation could verbally claim to be a U.S. citizen. On Jan. 31, DHS ended this practice, such that oral declarations alone to prove identity and citizenship are no longer sufficient. Travelers now must present certain documentation from a specified list when entering the United States at land or seaports of entry.

Q: What is the purpose of the change?

A: The Jan. 31 change is a step forward from the largely subjective standard that allowed travelers to present an almost limitless array of documents, such as baptismal certificates, to satisfy CBP officers of their citizenship.

    Accustom travelers to presenting documentation when entering the United States. This transition period will prepare travelers for the implementation of new secure travel document requirements that will go into effect as early as June 1, 2009.

Q: Who is affected by this change?

A: All U.S. citizens entering the United States by land or sea – including pleasure vessel or ferry. It also affects citizens of Canada and Bermuda who are currently exempt from document requirements.

Q: Who is not affected by this change?

A: Travelers entering the United States by air. All travelers entering the United States by air have been required to present a passport or secure document since Jan. 23, 2007. Mexican citizens and Lawful Permanent Residents are not impacted by this change.

    Mexican citizens, including children, are currently required to present a passport with a nonimmigrant visa or a laser visa border crossing card.

    Lawful Permanent Residents may continue to present their Form I-551, Permanent Resident Card.

    Nonimmigrants who have been required to present a passport and visa, or other travel document, to enter the United States.

Q: What documents must travelers present?

A: U.S. and Canadian citizens ages 19 and older will be asked to present documentation from a specified list.

    U.S. and Canadian children ages 18 and under will only be asked to present proof of citizenship, such as a birth certificate.

    Bermudians should present a passport issued by the government of Bermuda or the United Kingdom, or a government-issued photo ID along with proof of citizenship.

Q: What happens if I don’t have any documents when I cross the border at a land or seaport of entry?

A: Travelers who do not have the appropriate documents may be delayed while CBP officers attempt to verify their citizenship and identity. They will also be given the informational tear sheet explaining the new procedures.

Q: How long will the transition period last? What will happen when it ends?

A: The transition period will last for approximately 18 months at which time DHS and the U.S. State Department will implement the requirement for secure travel documents, under the congressionally mandated Western Hemisphere Travel Initiative (WHTI).

Q: When will implementation of the new requirements occur?

A: Implementation will occur as early as June 1, 2009. At that time, only secure documents meeting identity and citizenship requirements under WHTI will be accepted for cross-border travel through land and seaports of entry.

Q: What documents will be acceptable after implementation?

A: The final land and sea rule for WHTI will describe which documents will be accepted after implementation. We anticipate that U.S. and Canadian passports; the U.S. passport card; NEXUS, SENTRI and FAST cards; and enhanced driver’s licenses and tribal cards designated by the Secretary will be accepted.

Q: What is a Passport Card?

A: A passport card is a low-cost, limited-use travel document produced by the U.S. Department of State acceptable for land and sea travel within the Western Hemisphere. Applications for the card will be accepted starting Feb. 1, 2008, and the cards will be available for distribution in late spring 2008.

Q: What is an enhanced driver’s license?

A: Several states including Washington, Vermont, New York, and Arizona are working with DHS to develop Enhanced Driver’s Licenses (EDLs) for U.S. citizens. These documents denote both identity and U.S. citizenship. Several Canadian provinces are also considering production of EDLs for use by Canadian citizens.

    U.S. and Canadian citizens can use EDLs instead of a passport to cross the sea borders with Canada and Mexico. EDLs include special features that improve security and facilitate travel such as radio frequency technology and a machine-readable zone.

Q: Will I be able to use an Enhanced Driver’s License at locations outside

of my state?

A: Enhanced Driver’s Licenses will be accepted for entry from Canada, Mexico, Bermuda, and the Caribbean at any land or seaport of entry.

Q: What are the NEXUS, SENTRI and FAST programs?

A: These cross-border trusted travel programs facilitate land border crossing of prescreened low-risk travelers and commercial truck drivers through exclusive dedicated lanes. Members in these voluntary programs must meet certain eligibility requirements and pay a five-year membership fee. NEXUS and SENTRI are for drivers and passengers; FAST (Free and Secure Trade) is the commercial equivalent for truck drivers.

Q: Does my birth certificate need to be an original or a certified copy?

A: DHS recommends that, where possible, an original or a certified copy of your birth certificate be presented. An original or certified copy is generally required to apply for secure, reliable documents, such as the U.S. passport. However, a copy will be accepted during the transition period.

Q: Will travelers from U.S. territories need to present a passport to enter the United States?

A: U.S. territories are considered a part of the United States. U.S. citizens traveling directly from a U.S. territory are not considered to have left the country 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.