GovernmentExecutive.com

New border crossing rules from the Bush administration are getting a mixed reception on Capitol Hill, with some key lawmakers doubting whether they are realistic and can be implemented. Senate Judiciary Chairman Patrick Leahy, D-Vt., plans to grill Homeland Security Secretary Michael Chertoff at a hearing Wednesday over the final requirements for the Western Hemisphere Travel Initiative.

Issued last week by the Homeland Security and State departments, the rules will require travelers coming into the United States by land and sea from other countries in the Western Hemisphere to present secure identification documents, such as passports, beginning in June 2009.

Leahy, who is highly skeptical that the program can be implemented without major disruptions, worked with Sen. Ted Stevens, R-Alaska, to insert language into the fiscal 2008 Homeland Security spending bill prohibiting the requirements from going into effect until June 2009.

"The good news is that the Bush administration will not fight the new law that moves the passport requirement to next year," Leahy said in a statement. "The bad news is that there is little reason to believe DHS will be ready even then." Despite the new rules, Leahy said the Homeland Security Department has not given U.S. citizens any reason to believe it will be ready when the deadline comes.

But the office of Senate Homeland Security and Governmental Affairs Chairman Joseph Lieberman, I-Conn., offered support for the new rules. "Senator Lieberman thinks it is critical that we close a serious border security gap by requiring secure identification and citizenship documentation from everyone entering the country," his spokeswoman said. "He is grateful for the Department of Homeland Security's efforts to work with states to implement WHTI, and hopes Congress will support the effort." Meanwhile, Rep. Bart Stupak, D-Mich., said he is not convinced the departments can implement the rules. "They must do more to fulfill their obligation to inform travelers about the new requirements as soon as possible to avoid confusion, increased delays and disrupted commerce," said Stupak, co-chairman of the congressional Northern Border Caucus. Although the State Department is accepting applications for a new passport-like card, Stupak said the cards are not yet available and have not been properly tested, and card reading infrastructure has not been installed at ports of entry.

The Homeland Security and State departments issued similar statements saying the rules were being announced more than a year in advance to give travelers enough time to be prepared.

"Over the next 14 months, both departments will be conducting public information campaigns to inform U.S. and Canadian citizens about the new document requirements," the departments said. "These campaigns will include special outreach to residents of border communities who may be most impacted by the new document requirements."

Both departments are working with the Canadian government "to ensure widespread and consistent communications on both sides of our land borders," they said In a separate statement, Chertoff declared, "We are on course to implement and enforce the Western Hemisphere Travel Initiative which is an important step forward in securing the homeland." The rules also specify that Washington state's new enhanced driver's licenses will be compliant identification documents.

On Jan. 31, Homeland Security ended the practice of accepting oral declarations at land borders for U.S. citizens to re-enter the United States, despite objections from some lawmakers.

COMMENTS

• The WHTI is a good idea. But that is all that it is right now: an idea. They haven't thought for a single minute on how we at the border are going to enforce this. What can I do to a U.S. citizen that refuses to comply? Nothing. I can't deport a U.S. citizen. Will I have the authority to issue a fine? What if they refuse to pay? The big difference between land border and airport: at the airport, the airline ticket counter makes sure you have your passport before they issue you a boarding pass and let you on their plane. The airline is liable for your return ticket if you're found inadmissable on the other end. There is no such system to check people going into Canada or Mexico. I'm sure Cananda will be on board and refuse entry to U.S. citizens without passports. Customs Canada works similar to CBP. Mexico, on the other hand, has little or no enforcement at its border. Congress needs to put some teeth into this thing or else we'll never have 100% compliance. If you don't have 100% compliance, what's the point? Jeff Joles Posted April 2, 2008 8:21 PM
• Unfortunately its a sign of the times, and necessary. The good news is the states that have been fighting real ID will have created a problem for their residents. Its time to stop all the infighting and withhold all HSA funding from states that don't comply dan ketter Posted April 1, 2008 11:01 AM
• From what I understand, Singapore has various methods of automatic identification that work quite well. Maybe someone should go there and check out their system. nathan wolfson Posted April 1, 2008 9:49 AM