Travel Update 2008: Documents Required for Admission into the United States

Requirements at our borders are changing. The document you presented to enter the United States just a year ago might be of little use to you the next time you travel abroad, and new state-of-the art identity cards are becoming available to replace low-tech travel documents. This article will summarize many of the recent developments.

Air Travel: Documents Required for Entry into the United States

Since January 23, 2007, all persons entering the United States by air from Canada, Mexico, Bermuda or the Caribbean have been required to present a passport or other valid travel document. This rule is the first phase of the Western Hemisphere Travel Initiative (WHTI). The attached chart identifies permissible travel documents when entering the United States by air. The U.S. Customs and Border Protection (CBP) Web site provides updated information on WHTI at www.cbp.gov

Oral Declaration of Identity and Citizenship no Longer Sufficient

For years, it has been remarkably easy for most U.S. citizens to gain entry to the United States at our land borders and seaports. An oral declaration of identity and U.S. citizenship has been the only requirement for admission. Citizens of Canada and Bermuda, too, were required simply to state their identity and citizenship in order to enter the United States. As a practical matter, this rule has been largely ignored in the post-9/11 era by travelers, most of whom have wisely carried ample proof of identity and citizenship in order to satisfy border inspectors who have always had discretion to demand documentation in support of the oral declaration. So it comes as no surprise that effective January 31, 2008, an oral declaration of citizenship and identity by citizens of the United States, Canada and Bermuda was abolished as a means for entry at United States land borders and seaports.

Land and Sea Travel: Documents Required for Entry into the United States

Effective January 31, 2008, citizens of the United States and Canada are required to present one of the following documents (or combination of documents) in order to be admitted into the United States at a land border or seaport: Option 1: A government-issued photo ID (such as a driver's license), and proof of citizenship (such as a birth certificate); or Option 2: A WHTI-compliant document (e.g., passport, U.S. Passport Card, NEXUS card, SENTRI card, FAST card, or unexpired Merchant Mariner Document).

Option 1 will be eliminated when the next phase of WHTI is implemented, which could occur later in 2008.

U.S. Passport Card

The U.S. Department of State (DOS) is developing a U.S. Passport Card to be used for entry into the United States by land or sea from Canada, Mexico, Bermuda and the Caribbean. Citizens of the United States may begin applying for the Passport Card on February 1, 2008. The Passport Card will be less expensive and more portable than a traditional passport, and was developed primarily to facilitate travel for commuters who live in border communities. The Passport Card will be valid for ten years for applicants age 16 and older; and will be valid for five years for children under the age of 16.

The DOS Web site will provide updated information on availability and application procedures for the U.S. Passport Card at travel.state.gov.

Enhanced Driver's Licenses

The U.S. Department of Homeland Security (DHS) is encouraging states to submit proposals for development of enhanced driver's licenses (EDLs) or enhanced state identification cards that will satisfy WHTI requirements by proving identity and citizenship for entry by land or sea. In a press release issued in December 2007, DHS verified that several states have expressed interest in developing EDLs. In January 2008, Washington State became the first state to issue an EDL. The EDL will be accepted at land borders or seaports as proof of identity and citizenship.

Documents Required for Entry into the U.S. as of January 2008

¹ 71 Fed. Reg. 68412-30 (Nov. 24, 2006).

² 72 Fed. Reg. 72744-45 (Dec. 21, 2007).

³ 72 Fed. Reg. 74169-73 (Dec. 31, 2007).