Agency Implements Change in Documentation Requirements for Border Crossing

As of January 31, 2008, the Department of Homeland Security is implementing a change in the documentation required to enter the United States via land or sea port, ending the long-established practice of oral declarations of citizenship. Customs and Border Patrol (CBP) agents will no longer be permitted to accept a person’s oral identification of citizenship when they deem further documentation is unnecessary but instead are required to view a document to prove citizenship for each traveler, such as a birth certificate.

According to a letter issued by multiple U.S. Senators to the agency, there are close to 8,000 variations of birth certificates issued by multiple levels of government in the U.S. and Canada. CBP agents now face the challenge of ensuring document validity without the benefit of established standards for birth certificates.  Many assert that birth certificates are more prone to fraud than passports, and CPB agents will have to learn to identify these fraudulent documents.

This change was part of the Western Hemisphere Initiative (WHI) signed into law by President Bush, the implementation of which has been behind schedule.  The Initiative also established a goal to require all travelers to use passports when entering the U.S., but this goal has been delayed by Congress due to lack of implementation of other parts of the WHI.

Some members of Congress are currently expressing concerns to the Department of Homeland Security over the implementation of the birth certificate rule.  This and other homeland security issues will be a priority during this session of Congress. For more information on legislation issues that the International Business Council follows, please contact Jane Edson at jedson@dallaschamber.org