Western Hemisphere Travel Initiative

Last updated
Western Hemisphere Travel Initiative logo CBP Western Hemisphere Travel Initiative logo.svg
Western Hemisphere Travel Initiative logo

The Western Hemisphere Travel Initiative (WHTI) is the implementation of the requirement to show a passport or other acceptable document to enter the United States, for nationals of certain North American jurisdictions who were previously exempt from it when traveling within the Americas. The requirement was mandated by the Intelligence Reform and Terrorism Prevention Act, enacted in 2004 in response to the terrorist attacks of September 11, 2001, and implemented in phases between 2007 and 2009. According to the United States Department of Homeland Security, the purpose is to strengthen border security and facilitate entry into the United States for both U.S. citizens and foreign visitors. [1]

Contents

History

Passports were required for travel to the United States during the American Civil War, World War I, and continuously since 1941. [2] However, exemptions from the passport requirement existed for travel within the Americas by nationals of some North American jurisdictions. Before 2007, to enter the United States from other parts of the Americas except Cuba, citizens of the United States, Canada and Bermuda were allowed to present any evidence of their citizenship, including merely an oral declaration. Nationals of Mexico could present a Border Crossing Card when arriving from Mexico or Canada. These exemptions applied to travel by any means of transportation. [3]

In 2004, the Intelligence Reform and Terrorism Prevention Act was enacted in response to the terrorist attacks of September 11, 2001. Section 7209 of that law required that U.S. citizens, as well as nationals of neighboring jurisdictions who had been previously exempted from the passport requirement, present a passport or other document specified by the U.S. Department of Homeland Security to enter the United States. The law set a deadline of January 1, 2008 for the new requirement to take effect. [3] In 2006, the Department of Homeland Security Appropriations Act, 2007 postponed this deadline to June 1, 2009. [4]

The implementation of the new requirement was named the Western Hemisphere Travel Initiative (WHTI) and was done in phases. In the first phase, effective January 23, 2007, nationals of the United States, Canada, Bermuda and Mexico became required to present a passport to enter the United States by air from the Americas. The regulations retained exceptions for U.S. and Canadian citizens with a NEXUS card, and for members of the U.S. military and U.S. Merchant Marine. [5]

Effective January 31, 2008, oral declarations were no longer accepted as evidence of citizenship. Citizens of the United States, Canada and Bermuda became required to present some document establishing their identity and citizenship to enter the United States by land or sea. [6]

The second phase of the WHTI applied the passport requirement also for entry by land or sea from the Americas, effective June 1, 2009. The regulations again provided some exceptions. For entry by land or sea, in addition to the documents acceptable for entry by air, U.S. citizens could present a passport card, which was developed specifically for this purpose, with a lower cost and smaller size; and U.S. and Canadian citizens could present an enhanced driver's license or a trusted traveler card (FAST or SENTRI). For nationals of Mexico, entry with only a Border Crossing Card became restricted to travel within 25 miles of the border (or 75 miles in Arizona) for up to 30 days. Other exceptions were made for cruise ship passengers, children, Native Americans, and emergencies. [4]

The WHTI did not affect the existing passport requirement for entry to the United States from outside the Americas, or for nationals other than of the United States, Canada, Bermuda and Mexico. It also did not affect the passport exemption for holders of a U.S. permanent resident card or similar immigration document, or for travel between the United States and its territories. [1]

Implementation

As a result of the WHTI, combined with previously existing requirements and subsequent changes, travelers must present one of the following documents when entering or departing the United States by air, or entering the United States by sea from outside the Americas: [7]

For entry by land or sea from the Americas, travelers must present one of the documents acceptable for entry by air or one of the following: [7]

Nationals of Mexico may use a Border Crossing Card, which serves as a visa when presented with a passport. Without a passport, the card on its own also allows entry by land or sea while remaining within 25 miles from the Mexico–United States border (up to 75 miles in Arizona and 55 miles in New Mexico) for a stay of up to 30 days. [10] [11]

Children born to a U.S. permanent resident mother during a temporary visit abroad do not need a passport or visa at the mother's first re-entry to the United States within two years after birth. Similarly, children born abroad to a parent with a U.S. immigrant visa after its issuance do not need a passport or visa if listed in the parent's passport with a birth certificate. [7]

It is also possible for the U.S. Department of State to waive the passport requirement for a U.S. national in case of an emergency, for humanitarian reasons or national interest. [9]

See also

Related Research Articles

<span class="mw-page-title-main">Travel visa</span> Authority to enter, stay in, or exit a territory

A visa is a conditional authorization granted by a polity to a foreigner that allows them to enter, remain within, or leave its territory. Visas typically include limits on the duration of the foreigner's stay, areas within the country they may enter, the dates they may enter, the number of permitted visits, or if the individual can work in the country in question. Visas are associated with the request for permission to enter a territory and thus are, in most countries, distinct from actual formal permission for an alien to enter and remain in the country. In each instance, a visa is subject to entry permission by an immigration official at the time of actual entry and can be revoked at any time. Visa evidence most commonly takes the form of a sticker endorsed in the applicant's passport or other travel document but may also exist electronically. Some countries no longer issue physical visa evidence, instead recording details only in immigration databases.

The Visa Waiver Program (VWP) is a program of the United States federal government that allows nationals of specific countries to travel to the United States for tourism, business, or while in transit for up to 90 days without having to obtain a visa. It applies to all fifty U.S. states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands, as well as to Guam and the Northern Mariana Islands, which also have an additional program with waivers for more nationalities; American Samoa has a similar but separate program.

In the United States, identity documents are typically the regional state-issued driver's license or identity card, while also the Social Security card and the United States Passport Card may serve as national identification. The United States passport itself also may serve as identification. There is, however, no official "national identity card" in the United States, in the sense that there is no federal agency with nationwide jurisdiction that directly issues an identity document to all US citizens for mandatory regular use.

TN status is a special non-immigrant classification of foreign nationals in the United States, which offers expedited work authorization to a citizen of Canada or a national of Mexico. It was created as a result of provisions of the North American Free Trade Agreement that mandated simplified entry and employment permission for certain professionals from each of the three NAFTA member states in the other member states. The provisions of NAFTA relevant to TN status were then carried over almost verbatim to the United States–Mexico–Canada Agreement that replaced NAFTA in 2020.

<span class="mw-page-title-main">United States passport</span> Passports issued to the US nationals

United States passports are passports issued to citizens and nationals of the United States of America. They are issued exclusively by the U.S. Department of State. Besides passports, limited-use passport cards are issued subject to the same requirements. It is unlawful for US citizens and nationals to enter or exit the country without a valid US passport or passport-replacement document compliant with the Western Hemisphere Travel Initiative, though there are many exceptions; waivers are generally granted for U.S. citizens returning without a passport, and the exit requirement is not enforced. As of December 2023, a United States passport allows visa-free travel to 186 countries and territories, being ranked as the seventh most powerful in the world in terms of travel freedom.

<span class="mw-page-title-main">Canada permanent resident card</span> ID document

The Permanent Resident card also known colloquially as the PR Card or the Maple Leaf card, is an identification document and a travel document for permanent residents of Canada. It is one of the methods by which Canadian permanent residents can prove their status and is, along with the permanent resident travel document (PRTD), one of the only documents that allow permanent residents to return to Canada by a commercial carrier.

<span class="mw-page-title-main">Canadian passport</span> Passport issued to citizens of Canada

A Canadian passport is the passport issued to citizens of Canada. It enables the bearer to enter or re-enter Canada freely; travel to and from other countries in accordance with visa requirements; facilitates the process of securing assistance from Canadian consular officials abroad, if necessary; and requests protection for the bearer while abroad.

<span class="mw-page-title-main">Visa policy of the United States</span> Policy on permits required to enter the United States and its unincorporated territories

Visitors to the United States must obtain a visa from one of the U.S. diplomatic missions unless they are citizens of one of the visa-exempt or Visa Waiver Program countries.

<span class="mw-page-title-main">CBP Office of Field Operations</span>

The Office of Field Operations (OFO) is a federal law enforcement agency within the U.S. Customs and Border Protection (CBP) responsible for managing United States customs operations at 20 Field Operations offices, 328 ports of entry, and 16 pre-clearance stations in Canada, Ireland, the UAE, and the Caribbean. Headed by an Executive Assistant Commissioner, OFO directs the activities of more than 27,000 employees, including more than 22,000 CBP Officers and Agriculture Specialists. CBP Office of Field Operations is the largest component in CBP.

<span class="mw-page-title-main">NEXUS</span> U.S.–Canada Trusted Traveler Program

NEXUS is a joint Canada Border Services Agency and U.S. Customs and Border Protection-operated Trusted Traveler and expedited border control program designed for pre-approved, low-risk travelers. Members of the program can avoid waits at border entry points by using reserved lanes at land crossings into Canada and the United States, by using self-serve kiosks at airports in Canada, the US and some international locations, or by phoning border officials for a marine entry. A NEXUS membership card is a valid document under the Western Hemisphere Travel Initiative (WHTI), so it can be used in place of a passport, including by air if flying between the US and Canada. However, carrying a valid passport is still recommended, in the rare event that a flight is diverted to an airport without NEXUS support.

<span class="mw-page-title-main">Travel document</span> Identity document issued by a government or international entity

A travel document is an identity document issued by a government or international entity pursuant to international agreements to enable individuals to clear border control measures. Travel documents usually assure other governments that the bearer may return to the issuing country, and are often issued in booklet form to allow other governments to place visas as well as entry and exit stamps into them.

<span class="mw-page-title-main">United States passport card</span> U.S. identification card

The United States passport card is an optional national identity card and a travel document issued by the U.S. federal government in the size of a credit card. Like a U.S. passport book, the passport card is only issued to U.S. citizens and U.S. nationals exclusively by the U.S. Department of State. The passport card allows its holders to travel by domestic air flights within the U.S., and to travel by land and sea within North America. However, the passport card cannot be used for international air travel. US passport cards are used to verify identity and US citizenship. The requirements to attain the passport card are identical to the passport book and compliant to the standards for identity documents set by the REAL ID Act.

<span class="mw-page-title-main">Estonian passport</span> Passport of the Republic of Estonia issued to Estonian citizens

An Estonian passport is an international travel document issued to citizens of Estonia, and may also serve as proof of Estonian citizenship. Besides enabling the bearer to travel internationally and serving as indication of Estonian citizenship, the passport facilitates the process of securing assistance from Estonian consular officials abroad or other European Union member states in case an Estonian consular is absent, if needed. If an Estonian citizen wishes to receive an identity document, especially an Estonian passport, somewhere other than the foreign representation of the Republic of Estonia, then the bearer of the Estonian citizenship staying abroad could receive the travel documents in embassies of any EU country worldwide by paying 50 Euro. Many countries require passport validity of no less than 6 months and one or two blank pages.

<span class="mw-page-title-main">B visa</span> Visitor visa for the United States

A B visa is one of a category of non-immigrant visas issued by the United States government to foreign nationals seeking entry for a temporary period. The two types of B visa are the B-1 visa, issued to those seeking entry for business purposes, and the B-2 visa, issued to those seeking entry for tourism or other non-business purposes. In practice, the two visa categories are usually combined and issued as a "B-1/B-2 visa" valid for a temporary visit for either business or pleasure, or a combination of the two. Nationals of certain countries do not usually need to obtain a visa for these purposes.

<span class="mw-page-title-main">Global Entry</span> U.S. Customs and Border Protection program

Global Entry is a program of the U.S. Customs and Border Protection service that allows pre-approved, low-risk travelers to receive expedited clearance upon arrival into the United States through automatic kiosks at select airports and via the SENTRI and NEXUS lanes by land and sea. As of May 4, 2018, Global Entry was available at 53 U.S. airports and 15 preclearance locations. By April 2018 more than five million people were enrolled in Global Entry and approximately 50,000 new applications for the program were being filed each month.

<span class="mw-page-title-main">American entry into Canada by land</span>

U.S. citizens and permanent residents entering Canada by land are required to possess the requisite documentation, such as a passport, driver's license, and other valid identification documents. They must also meet other criteria, such as passing security measures, before they are allowed entry into Canada. Consequently, travelers must also meet the requirements for re-entering the U.S. at the end of their visit.

<span class="mw-page-title-main">Visa policy of Canada</span> Policy on permits required to enter Canada

The visa policy of Canada requires that any foreign citizen wishing to enter Canada must obtain a temporary resident visa from one of the Canadian diplomatic missions unless they hold a passport issued by one of the 53 eligible visa-exempt countries and territories or proof of permanent residence in Canada or the United States.

<span class="mw-page-title-main">Visa policy of Mexico</span> Policy on permits required to enter Mexico

A Mexican visa is a document issued by the National Institute of Migration, dependent on the Secretariat of the Interior, with the stated goal of regulating and facilitating migratory flows into the country.

<span class="mw-page-title-main">Visa requirements for Pakistani citizens</span> Entry restrictions by the authorities of other states placed on citizens of Pakistan

Visa requirements for Pakistani citizens are the requirements by other countries to obtain a visa before entry on an ordinary Pakistani Passport.

<span class="mw-page-title-main">Visa requirements for Venezuelan citizens</span> Administrative entry restrictions

Visa requirements for Venezuelan citizens are administrative entry restrictions by the authorities of other states placed on citizens of Venezuela.

References