Comment period on controversial US-VISIT opens

WASHINGTON, — The Department of Homeland Security has formally submitted the Western Hemisphere Travel Initiative proposal for public comment.
The rule — which includes the controversial US-VISIT requirement — will require all U.S. citizens, citizens of Canada, Mexico, and the British Overseas Territory, to have a passport to enter or re-enter the United States by January 1, 2008.

In the proposed implementation plan, the initiative will be rolled out in phases, providing as much advance notice as possible to the affected public to enable them to meet the terms of the new guidelines, says DHS.

The proposed timeline will be as follows: By Dec. 31, 2007 the requirement applies to all land border crossings. Sea and air travellers will have until Dec. 31, 2006. DHS extended the deadlines from this year after recognizing that it would be problematic for travellers. This new timeline will simplify the implementation and provide a longer lead-time for travellers to come into compliance with the requirements, DHS says.

While a passport will be the document of choice, DHS says that truck drivers will likely be able to use Free and Secure Trade (FAST) program cards to meet the requirement. The government is also considering accepting the Customs and Border Protection Secure Electronic Network for Travelers Rapid Inspection (SENTRI), and NEXUS for other travellers.

No currently existing documents other than those cards are under active consideration as substitutes for the passport. However, DHS and State are reviewing new technological developments regarding options for secure travel documents. Acceptable documents must establish the citizenship and identity of the bearer, and include significant security features. Ultimately, all documents used for travel to the U.S. are expected to include biometrics that can be used to authenticate the document and verify identity.

To provide information to the general public, DHS and State are issuing an Advance Notice of Proposed Rulemaking (ANPRM) on the plan to the public and requesting input and/or comment on the suggested documents and possible alternative documents that can meet the statutory requirements.

A more formal rulemaking will be issued later this year following review of those comments to implement the first phase of the initiative. This rulemaking will take into account comments received from the ANPRM as well as soliciting further comments on the rulemaking itself, DHS says.

Those wishing to comment on the proposal may access the Federal e-Rulemaking Portal at www.regulations.gov and follow the instructions for submitting comments.


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