Western Hemisphere Travel Initiative

 

Beginning on June 1, 2009, the Western Hemisphere Travel Initiative ("WHTI") requires all motorists traveling across the U.S./Canada border who are citizens of the U.S., Canada, Mexico or Bermuda to present a valid passport or other accepted identity document. More broadly, WHTI requires a valid form of secure identification establishing the bearer's identity and citizenship when entering or departing the U.S. from within the Western Hemisphere.

 

WHTI is a result of the U.S. Intelligence Reform and Terrorism Prevention Act of 2004. Its goals are to strengthen U.S. border security and facilitate entry for U.S. citizens and legitimate foreign visitors to the U.S. The required documents are meant to enable the U.S. Department of Homeland Security to quickly and accurately identify travelers. For air travel, WHTI came into effect on January 1, 2007. For land and water travel, WHTI will take effect June 1, 2009.

 

Under WHTI, motorists who are Canadian or U.S. citizens may continue to present a valid trusted traveler program card (e.g., NEXUS or FAST), an enhanced driver's license (EDL) or an enhanced identity card (EIC) from a state, province or territory where a U.S.-approved EDL/EIC program has been implemented. Both NEXUS and FAST cards require prior approval before issuance to an individual. NEXUS cards are for low-risk travelers crossing the U.S./Canada border. FAST cards are for low-risk commercial truck drivers crossing either the U.S./Canada or the U.S./Mexico border at dedicated lanes.

 

U.S. citizens may also present a Military ID with official travel orders or a U.S. Merchant Mariner Document. U.S. lawful permanent residents may continue to use their permanent residence card (Form I-551) or other valid evidence of permanent resident status. U.S. and Canadian citizens under the age of 16 will only be required to present proof of citizenship, such as a birth certificate or citizenship card. WHTI does not prevent U.S. Customs and Border Protection from continuing to allow first responders and patients having a medical emergency to enter the U.S. using existing waiver and parole authorities to provide necessary expedited processing on a case-by-case basis.

 

Failure to carry one of the accepted forms of identity when driving across the U.S. border may result in referral to a secondary inspection to verify identity and citizenship. Bear in mind that the processing of applications for these identity documents may take some time. Therefore, planning ahead to obtain the necessary documents will help minimize delay and inconvenience at the U.S. border.

 

Christine A. Bonaguide

Partner

Hodgson Russ LLP

The Guaranty Building, 140 Pearl Street, Suite 100

Buffalo, New York 14202-4040

Tel: (716) 848-1325

cbonagui@hodgsonruss.com