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Passports Required for Air-Travel to the U.S. As of
Jan. 23, 2007
By Hollie Davis Frick
[December 2006]
The purpose of this advisory bulletin is to provide a brief update on recent changes in documentation required for travel to the United States for both foreign nationals and U.S. citizens.
As of January 23, 2007 passports will be required for air-travel to the United States from the Western Hemisphere: The Departments of State and Homeland Security announced Nov. 22, 2006 that there will be a new requirement for 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, beginning on Jan. 23, 2007.
This change in travel document requirements is the result of recommendations made by the 9/11 Commission, which Congress subsequently passed into law in the Intelligence Reform and Terrorism Prevention Act of 2004. These new travel document requirements make up the Departments' Western Hemisphere Travel Initiative (WHTI). In order to obtain national security benefits as quickly as possible, and to expedite the processing of arriving passengers, the plan will be implemented in two phases.
The first phase involves travel by air and requires all citizens of the United States, Canada, Mexico, and Bermuda to have a passport or other accepted document that establishes the bearer's identity and nationality to enter or re-enter the United States from within the Western Hemisphere. The final rule for the air phase of the WHTI rule will be published in the Federal Register on November 24, where it can be viewed at www.regulations.gov. That rule is also available on the Department's consular website, travel.state.gov and on the Department of Homeland Security's website, www.dhs.gov.
A separate proposed rule addressing land and sea travel will be published at a later date: This rule will provide specific requirements for travelers entering the United States through land and sea border crossings. As early as Jan. 1, 2008, U.S. citizens traveling between the United States and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea could be required to present a valid U.S. passport or other documents as determined by the Department of Homeland Security. While recent legislative changes permit a later deadline, the Departments of State and Homeland Security are working to meet all requirements as soon as possible.
If you have questions or would like more information, please contact any member of DWT’s immigration practice team, including:
This Advisory is a publication of the Employer Services Department of Davis Wright Tremaine LLP. Our purpose in publishing this Advisory is to inform our clients and friends of recent developments in employment law. It is not intended, nor should it be used, as a substitute for specific legal advice as legal counsel may be given only in response to inquiries regarding particular situations.
Copyright © 2006, Davis Wright Tremaine LLP.
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