DHS Implements First Phase of its US-VISIT Program
The Department of Homeland Security (DHS) has issued an interim final rule and a notice, both effective January 5, 2004, which announce the establishment of the U.S.-Visitor and Immigrant Status Indicator Technology Program (US-VISIT) and detail the requirements for the first phase of this program.
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US-VISIT requires certain aliens to provide biometric identifiers. According to DHS' notice, under US-VISIT, certain nonimmigrant aliens are required to provide fingerprints, photographs, or other biometric identifiers if arriving in or departing from the U.S. through designated air or sea ports of entry on or after January 5, 2004.
DHS states that the alien's biometric and other information will be checked against law enforcement and intelligence data to determine whether the alien is a threat to national security or public safety, or is otherwise inadmissible.
Exemptions include foreign nationals entering through land ports of entry, aliens admitted under the Visa Waiver Program, etc. DHS states that its interim final rule does not apply to (partial list):
travelers who seek to enter under the Visa Waiver Program (VWP);
(However, DHS states that under current law, an alien will not be admitted under the VWP on/after October 26, 2004 without a machine-readable, tamper-resistant passport that meets International Civil Aviation Organization (ICAO) biometric standards for photographs, unless his passport is unexpired and was issued prior to that date.)
foreign nationals entering the U.S. through land ports of entry (see below); and
although the interim final rule does apply to Canadian and Mexican citizens who enter through air and sea ports of entry, DHS will not apply the biometric collection requirements of the rule to those Canadian citizens who travel on temporary visits to the U.S. and who do not apply for admission pursuant to a nonimmigrant visa.
129 arrival ports and two departure ports designated for US-VISIT. DHS' notice also lists the 114 air and 15 sea ports of entry that are designated for US-VISIT inspection at the time of alien arrival.
In addition, Baltimore, Maryland (air only) and Miami, FL (sea only) are listed as ports of entry designated for US-VISIT inspection at the time of alien departure. According to DHS, the exit procedures of US-VISIT will be phased in at air and sea ports later in 2004.
Congress Has Also Mandated Entry-Exit Program for Land Ports
DHS' interim final rule states that Congress has also mandated that an automated entry-exit system be implemented at the 50 most highly trafficked land border ports of entry by December 31, 2004, and at all ports of entry by December 31, 2005 with all available electronic alien arrival and departure information.
(See ITT's Online Archives or 01/06/04 news, 04010640 3, for BP summary of the implementation of US-VISIT.)
- written comments on DHS' interim final rule due by February 4, 2004.
DHS contact - Patrice Ward (202) 927-5200
DHS interim final rule (FR Pub 01/05/04) available at http://a257.g.akamaitech.net/7/257/2422/05jan20040800/edocket.access.gpo.gov/2004/pdf/03-32331.pdf.
DHS notice (FR Pub 01/05/04) available at http://a257.g.akamaitech.net/7/257/2422/05jan20040800/edocket.access.gpo.gov/2004/pdf/03-32333.pdf
State Department Washington File article on January 6, 2004 speech by DHS Director for US-VISIT (dated 01/07/04) available at http://usinfo.state.gov/xarchives/display.html?p=washfile-english&y=2004&m=January&x=20040107171552awajuka0.6730463&t=usinfo/wf-latest.html.