On Tuesday, January 23rd, 2007, the first phase of the Western Hemisphere Travel Initiative (WHTI) was implemented, requiring citizens of the United States, Canada, Mexico, and Bermuda to present a passport to enter the United States when arriving by air from any part of the Western Hemisphere. Currently, over 70 million U.S. citizens hold valid passports, which is only about 1/4 of the eligible population. There is a good chance, if you are accustomed to traveling by air and/or internationally, that WHTI will not affect the way you travel at all. Speaking as someone who has had a passport since I was a child, at first glance WHTI did not even register on my radar screen. However, there is more cause for concern that the second phase of WHTI, which will require passports for crossing all land and sea ports of entry, will cause significant woes to the thousands that frequently travel across the borders without passports. Take the local cruise industry for example. On any given cruise leaving out of the Port of Miami and going to the Caribbean, a large number of travelers bring nothing more than a tattered copy of their birth certificate to prove their US citizenship. While on a cruise vacation last year, my husband and I were surprised by the sheer number of travelers who produced folded up and yellowing copies of birth certificates (many so beaten up that the information on the well-worn creases was not even legible anymore) as their only proof of US citizenship. That practice will come to an end, which I dare say, is long overdue. But think also of the many Americans and Canadians that live near the northern border and freely cross between the two countries sometimes for little more than a few hours. No more spur of the moment trips to your favorite restaurant down the street, which also happens to be right on the other side of the border in Vancouver. With this second phase of WHTI due to take effect as early as January 2008, many northern border towns fear that the new law will have negative social and economic impact on their communities. The traditional passport may also be in for an overhaul because of WHTI. The Department of State and the Department of Homeland Security are currently collaborating on the creation of a passport card, incorporating driver’s license-like conveniences of small size and durability. This passport card, however, would only be valid for land and sea border crossing, thus making a traditional passport necessary as well if you also want to travel by air. The passport card will incorporate high tech design features, such as long-range, or vicinity, radio frequency identification (RFID) technology to link the card to a secure U.S. government database containing biographical data and a photograph. This is meant to facilitate frequent travel for those who live in border communities as well as those traveling on commercial maritime vessels. The goal of the passport card is to secure and expedite travel to and from the United States. The design will hopefully minimize any negative social and economic impact that opponents of WHTI fear. For now, just keep in mind that if you are trying to enter the US without a valid passport after your international flight, you are likely to get a taste of secondary inspection, something that the many foreign residents of South Florida have been dealing with for years. In secondary you will be “evaluated” for evidence of citizenship by Customs and Border Protection officers, which is likely to delay your homecoming by several hours. The time may have come to just bite the bullet and get your passport. This is what the Department of State is banking on. The Department has dedicated additional resources and personnel to meet the increased demand for passports spurred by WHTI. In Fiscal Year 2006, a record 12.1 million passports were issued to American citizens, and it is anticipated that 16 million passports will be issued in Fiscal Year 2007. Deirdre Nero Valladares, Esq. is an immigration attorney in the Customs and International Trade Law Group of Becker & Poliakoff, P.A. She can be contacted at: Alhambra Towers The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free, written information about our qualifications and experience.
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