US IMMIGRATION

New machines scan IDs at border crossings

Agents along the Canada and Mexico borders are using a controversial new machine that can "read" the personal information contained in some government-issued ID cards — such as passports and driver's licenses — as travelers approach a checkpoint.

The Homeland Security Department says the new practice will tighten security and speed the flow of traffic. Privacy advocates say the technology could make Americans less secure because terrorists or other criminals may be able to steal the personal information off the ID cards remotely.

"There's this strange rush to a fancy or shiny new technology," says Lee Tien of the Electronic Frontier Foundation. The cards "are quite vulnerable" to being cloned or having their codes broken.

Machines are in place at five crossings — Blaine, Wash.; Buffalo; Detroit; Nogales, Ariz.; and San Ysidro, Calif. — as part of the government's requirement that anyone who crosses the border must show a passport or other government documents proving citizenship and identity. The machines are being activated in Buffalo today; machines in Blaine and Nogales are in use; the rest will be on line over the next couple of months.

The new technology is being used in conjunction with new government passports, passcards and driver's licenses embedded with computer chips that contain the holder's name, date of birth, nationality, passport or ID number and a digitized photo. The personal data can be "read" by a Radio Frequency Identification (RFID) machine as the person approaches a border-crossing checkpoint.

By the time a car stops at the Customs booth, the agent will have the photos and information of everyone in the car. If a name is on a watch list or database, the person will be taken in for questioning. The system will be "more efficient," says Thomas Winkowski of Customs and Border Protection.

Privacy-rights advocates warn that terrorists or other criminals can use their own machines in a process called "skimming" to read the information from as far as 50 feet. Consumer privacy expert Katherine Albrecht says the chips create the "potential for a whole surveillance network to be set up." She says police could use them to find criminals, abusive husbands to find their wives, and stores to track customers.

Homeland Security says the chips are made not to reveal personal information to machine readers — just a code, that then shows the information on the border agents' screen. The cards also come with protective sleeves for when they're not in use.

The border crossing ID requirement takes effect in June. So far, 600,000 State Department passcards and 40,000 embedded licenses from Washington state and New York have been issued.

Original Article by Mimi Hall, USA TODAY
November 24th, 2008

The Department of Homeland Security announces implementation of the Electronic System for Travel Authorization (ESTA):  

ESTA is a new, fully-automated, electronic system for screening passengers before they begin travel to the U.S. under the Visa Waiver Program. ESTA applications may be submitted at any time prior to travel to the United States, and VWP travelers are encouraged to apply for authorization as soon as they begin to plan a trip to the United States. While ESTA is currently accepting voluntary applications, it is anticipated that ESTA will become mandatory for VWP travelers on January 12, 2009.

Once ESTA is mandatory, all nationals or citizens of visa waiver countries who plan to travel to the U.S. for temporary business or pleasure will need to receive an electronic travel authorization prior to boarding a U.S.-bound airplane or cruise ship. The requirement will go into effect next year and does not affect U.S. citizens traveling overseas.  Customs and Border Protection has published a fact sheet on ESTA, available here: http://www.cbp.gov/linkhandler/cgov/newsroom/fact_sheets/travel/fact_sheet_esta.ctt/fact_sheet_esta.pdf

White House Announces Seven Countries to be admitted to the Visa Waiver Program:  In about one month, citizens of Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, and South Korea will be able to travel to the U.S. without a visa as part of the Visa Waiver Program (VWP).  Six more are slated as “road map” countries that may soon qualify for the VWP, including Bulgaria, Cyprus, Greece, Malta, Poland, and Romania.  This announcement is a highlight of the ongoing modernization of the VWP.  With increased security measures in place, travel opportunities to the United States are also broadened. 

The VWP currently allows citizens of 27 countries to travel to the U.S. without a visa for business or pleasure for up to 90 days.  More information on the Visa Waiver Program found at http://travel.state.gov/visa/temp/without/without_1990.html.

USCIS increases period of stay for Trade-NAFTA Professional Workers from Canada & Mexico

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) has increased the maximum period of time a Trade-NAFTA (TN) professional worker from Canada or Mexico may remain in the United States before seeking readmission or obtaining an extension of stay. This final rule changes the initial period of admission for TN workers from one to three years, making it equal to the initial period of admission given to H-1B professional workers. Eligible TN nonimmigrants may now be allowed to receive extensions of stay in increments of up to three years instead of the prior maximum period of stay of one year.

The TN nonimmigrant classification is visa category available to eligible Mexicans and Canadians with at least a bachelor’s degree or appropriate professional credentials who work in certain qualified fields pursuant to the North American Free Trade Agreement (NAFTA). Qualified professions identified within NAFTA include, but are not limited to, accountants, engineers, attorneys, pharmacists, scientists, and teachers.

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Visa Waiver Program Travelers
Introducing the Electronic System for Travel Authorization

Beginning August 1, 2008, the Electronic System for Travel Authorization (ESTA) will be accessible via Internet for citizens and eligible nationals of Visa Waiver Program (VWP) countries to apply for advance authorization to travel to the United States under the VWP.

ESTA will initially be available in English only. Other languages will follow. Effective January 12, 2009, all VWP travelers will be required to obtain an electronic travel authorization prior to boarding a carrier to travel by air or sea to the U.S. under the VWP.

How the Electronic System for Travel Authorization Works:
Log onto the ESTA Web site at https://esta.cbp.dhs.gov and complete an on-line application in English. Travelers are encouraged to apply early. The web-based system will prompt you to answer basic biographical and eligibility questions typically requested on a paper I-94W form.
Applications may be submitted at any time prior to travel, however, DHS recommends that applications be submitted no less than 72 hours prior to travel. In most cases you will receive a response within seconds:

1. Authorization Approved: Travel authorized.
2. Travel Not Authorized: Traveler must obtain a nonimmigrant visa at a U.S. Embassy or Consulate before traveling to the U.S.
3. Authorization Pending: Traveler will need to check the ESTA Web site for updates within 72 hours to receive a final response.

An approved travel authorization via ESTA is

ESTA will enhance the security of the VWP and enable the United States to maintain and expand participation in the program.

After January 12, 2009, VWP travelers who do not apply for and receive travel authorization via ESTA prior to travel may be denied boarding, experience delayed processing or be denied admission at a U.S. port of entry.

The VWP is administered by DHS and enables citizens and eligible nationals of certain countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. Additional information regarding the VWP and ESTA is available at www.cbp.gov/esta.

Eligible Countries:
Countries currently enrolled in the Visa Waiver Program include:

We look forward to ensuring your travel remains safe and convenient today and in the future.

Waiver of Rights
As a condition of each admission into the United States under the Visa Waiver Program, the submission of biometric identifiers (including fingerprints and photographs) during processing upon arrival in the United States shall reaffirm the waiver of any rights to review or appeal of a U.S. Customs and Border Protection Officer’s determination as to admissibility, or to contest, other than on the basis of an application for asylum, any removal action arising from an application for admission under the Visa Waiver Program.

Joint Announcement From The U.S. Departments Of State And Homeland Security On Passport Card Production

Release Date: July 22, 2008

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

The U.S. Department of State and the U.S. Department of Homeland Security (DHS) announced today that the new U.S. Passport Card is in full production and is now being distributed. The Passport Card is a convenient, wallet-sized document for land and sea travel between the United States and Mexico, Canada, the Caribbean, and Bermuda. It is not valid for international travel by air.

Beginning in June 2009, travelers will be required to present a single Western Hemisphere Travel Initiative-compliant document denoting both citizenship and identity when entering the United States through a land or sea border.

More than 350,000 Americans pre-ordered the U.S. Passport Cards since the State Department began taking orders on February 1. Over 7,600 cards have already been mailed to advance customers, and all pre-orders are expected to be filled by September 30, 2008. After that initial distribution, the processing time for passport cards should be the same as for passport books – less than four weeks. Customers will be able to track the progress of their passport card application online beginning in mid-August. 

The passport card will facilitate the frequent travel of Americans living in border communities by utilizing a vicinity-read radio frequency identification (RFID) chip. With this technology, DHS' U.S. Customs and Border Protection officers will be able to access photographs and other biographical information stored in secure government databases before the traveler reaches the inspection booth so that inspection can be facilitated. For privacy protection, no personal information is stored on the electronic chip itself. The chip will have only a unique number pointing to a stored record contained in secure government databases.

"We are pleased to offer Americans a choice of documents, the traditional passport book, and now the passport card, to meet their personal needs for international travel," said Assistant Secretary of State for Consular Affairs Janice L. Jacobs. "The passport card is the newest addition to the Department's long history of providing secure, reliable services to the American traveling public."

"We have been working closely with the U.S. Department of State to be able to provide another type of secure identification that is vital to protecting our nation's borders" said Homeland Security Assistant Secretary for Policy Stewart Baker. "The new passport cards will help facilitate legitimate travel while allowing our frontline personnel to focus more on those who may pose a threat."

The Passport Card is available for $45 for first-time adult applicants and $35 for children under 16. Adults who currently have valid passports can apply for the passport card by mail for $20.

Information on how to apply for a U.S. Passport Card or the traditional passport book is at travel.state.gov.

Border officials advise travelers to carry proper IDs when crossing bridges

Original Article by Lou Michel - The Buffalo News
Updated: 05/15/08 9:10 AM

A strategy for getting across the Buffalo Niagara region’s four international bridges this weekend — the traditional start of heavy summer cross-border travel — may spare motorists the unwanted angst of a traffic jam.

That’s the advice from U.S. Customs & Border Protection officials who are gearing up for Canada’s Victoria Day weekend, which begins Friday, and Memorial Day weekend, a week later.

“Travelers should be reminded that as of the end of January we stopped accepting an oral declaration of citizenship and now U.S. and Canadian citizens have to present documentary proof of citizenship,” said CBP Chief Kevin A. Corsaro.

Copies of birth certificates along with government-issued photo identification, such as a driver’s license, are required to gain entry into the United States.

Those traveling with passports do not need a birth certificate or photo ID because passports “are considered a document of choice proving both citizenship and identity,” Corsaro said.

But it is unlikely Americans without the correct paperwork will be barred from returning.

That’s because border officers are still exercising discretion with those who fail to comply with the enhanced requirements.

“Our officers will briefly explain that the traveler is not in compliance, give him or her a tearsheet explaining how to become compliant and then the traveler will be able to proceed into the United States,” Corsaro said.

Since the standards for entry were increased earlier this year, the compliance rate among travelers coming here has been in the 90 percent range, according to U. S. Homeland Security officials.

One of the frustrating aspects of crossing the border is noticing not all of the inspections booths are open, but Corsaro said his agency intends to make a special effort to monitor manpower levels.

Yet even with every booth open, there are times when traffic volume overwhelms the different spans.

“At Lewiston-Queenston Bridge, we have six primary auto lanes and four commercial truck lanes, but when you have a surge in traffic, there are times when it does back up,” Corsaro said.

The Peace Bridge in Buffalo has 11 auto inspection lanes and seven truck lanes. In Niagara Falls, the Rainbow Bridge has 15 auto inspection lanes and the Whirlpool-Rapids Bridge has two inspection lanes for NEXUS-pass-only motorists.

In addition to having proper documents, Corsaro offered tips to quicken crossings:

• Check ahead of time on bridge traffic volume by either visiting the CBP Web page at www.cbp.gov or by calling the Niagara Falls Bridge Commission’s toll-free number, (800) 715-6722. “Travelers should check border traffic conditions and select the least congested bridge to help facilitate their crossings,” Corsaro said.

• Before stopping at bridge inspection booths, have crossing documents available. Also, travelers should be prepared to declare merchandise purchased in Canada.

• Even before leaving for the trip, obtain a “Know Before You Go” brochure available on the CBP Web page, which lists duty exemptions and restricted and merchandise not allowed in the United States.

For individuals who plan to make the trip back and forth over the bridges frequently this summer, Corsaro suggested enrolling in the NEXUS program.

“[Frequent] travelers are encouraged to participate in the NEXUS alternative inspection program, which allows prescreened, low-risk travelers to proceed with little or no delay,” he said.

Applications are available on the Canadian Border Services Agency Web site at www.cbsa-asfc.gc.ca or by calling (866) NEXUS 26 [866-639-8726].

17-Month Extension of Optional Practical Training for
Certain Highly Skilled Foreign Students

The U.S. Department of Homeland Security released today an interim final rule extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. The extension will be available to F-1 students with a degree in science, technology, engineering, or mathematics who are employed by businesses enrolled in the E-Verify program...

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Spring Break Announcement

If You Leave U.S., Take Appropriate Travel Documents
Washington - U.S. Customs and Border Protection is reminding travelers planning spring
break trips to Canada, Mexico, Bermuda or the Caribbean to make sure they have the proper documents. All travelers, including U.S. and Canadian citizens, are now required to present proof of citizenship and identity to enter the United States at land and sea ports of entry... Full Article »

U.S. Passport Card Frequently Asked Questions
Why a Passport Card? The Department of State has  developed a Passport Card as a more portable and less expensive alternative to the traditional passport book. The passport card is a basic component of the PASS (People Access Security Service) system announced by Secretaries Rice and Chertoff in January 2006, and will meet the specific requirements of the Western Hemisphere Travel Initiative (WHTI) to secure and expedite... Details »

DHS Ends Oral Declarations at Borders, Reminds Travelers of New Procedures on January 31

The U.S. Department of Homeland Security (DHS) reminds travelers that beginning January 31, 2008, border crossers will be asked to present documents denoting citizenship and identity when entering the United States through land and sea ports of entry. This change primarily affects United States and Canadian citizens, who have previously been permitted entry by oral declaration alone... Details »

Frequently Asked Questions: New Border Crossing Procedures Beginning January 31, 2008

What is the change beginning January 31, 2008?
Currently, upon entering the United States at a land border port of entry, an individual without documentation can verbally claim to be a U. S. citizen. On January 31, DHS is ending this practice such that oral declarations alone to prove identity and citizenship will no longer be sufficient... Details »

Fact Sheet
Transition to 10-Fingerprint Collection

The Department of Homeland Security (DHS) is transitioning from collecting two digital
fingerprints to collecting 10 fingerprints from international visitors to the United States. This
transition is one of the department’s top priorities because it furthers DHS’s ability to keep
dangerous people out of the United States, while making legitimate travel more efficient...

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U.S. Citizens with Pending Passport Applications Allowed Temporary Travel Flexibility

WASHINGTON – The U.S. Departments of State and Homeland Security announced June 8, 2007 that U.S. citizens traveling to Canada, Mexico, the Caribbean, and Bermuda who have applied for but not yet received passports can nevertheless temporarily enter and depart from the United States by air with a government issued photo identification and Department of State official proof of application for a passport through September 30, 2007.  The federal government is making this accommodation for air travel due to longer than expected processing times for passport applications in the face of record-breaking demand....

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