Dump new border crossing rules, Bart urges

NEWS RELEASE

CONGRESSMAN BART STUPAK

1ST CONGRESSIONAL DISTRICT OF MICHIGAN

************************* Stupak calls on Homeland Security to stop misguided border crossing policy

WASHINGTON - U.S. Congressman Bart Stupak (D-Menominee), co-chair of the Congressional Northern Border Caucus, lead a bipartisan group of his colleagues in sending a letter today to Secretary of Homeland Security Michael Chertoff calling on the U.S. Department of Homeland Security (DHS) to halt implementation of new requirements for border crossing documentation.

DHS plans to stop accepting oral declarations and restricting the types of identification that can be used as proof of citizenship at land and sea ports of entry beginning January 31.

"The DHS proposal will do more harm than good," Stupak said. "The agency has not met its obligation to inform travelers about the new requirements which will lead to confusion, increased delays and disrupted commerce. This is an ill-advised policy that will significantly limit trade and tourism."

Commerce and trade between Canada and the United States supports more than 220,000 Michigan jobs and more than $71.3 billion in trade for the state.

The International Bridge at Sault Ste. Marie is the only vehicular crossing between Ontario and Michigan for 300 miles.

More than 2.5 million vehicles cross the bridge annually, contributing to northern Michigan's tourism, steel, paper and forest industries.

"It is imperative that border crossing requirements not disrupt cross-border travel and trade between the United States and Canada," Stupak said. "DHS is moving forward without regard for the consequences."

DHS announced on June 20, 2007 a "phased approach" to implementing the Western Hemisphere Travel Initiative (WHTI), which was met with strong opposition both within Congress and among the public.

The phase-in called for the land and sea element to begin on January 31, 2008, with the first steps being an end to oral declarations of citizenship at border crossings and restricting the types of identification that can be used.

Beginning on January 31, 2008, U.S. citizens must present photo identification, such as a driver's license, and proof of citizenship, such as a birth certificate.

In the Fiscal Year 2008 Omnibus Appropriations Act, Congress blocked implementation of all elements of WHTI until June 1, 2009.

That bill was passed by Congress and signed into law on December 26, 2007.

"Congress has said no to this proposal once," Stupak said. "DHS can't just change the name and implement it anyway. DHS is acting with complete disregard for congressional authority and the secretary has some serious questions to answer not just about the merits of the policy but also about the department's clear disregard for the law."

The letter to Chertoff was signed by 34 members of the Northern Border Caucus.

Complete text of letter:

The Honorable Michael Chertoff Secretary U.S. Department of Homeland Security Washington, DC 20528 Dear Secretary Chertoff, We are writing to express our strong disapproval with the Department of Homeland Security's (DHS) plan to proceed in instituting new border crossing documentation requirements for land ports of entry beginning January 31, 2008.

Your imminent actions not only violate the intent of the United States Congress, but threaten our nation's economic security by implementing a new, resource intensive system without ensuring a smooth transition. Actions that effect cross border travel must strike the right balance between protecting our national security and ensuring the economic vitality of border communities.

Unfortunately, the impending documentation requirements do not take both considerations into account.

These ill-conceived and unnecessarily cumbersome travel requirements will have a deleterious effect on our nation's weakening economy and will adversely affect the economies of the border communities.

The U.S.-Canadian border is a vital channel for travel and commerce.

In fact, Canada and the United States are both each other's largest trade and tourism partner, with over 1.5 billion dollars of trade crossing the border every day.

DHS must recognize that communities across the country, particularly along the northern border, depend on the economic relationships with our largest trading partners. The implementation of the new requirements by January 31, 2008, is simply irresponsible.

A recent Government Accountability Office report found that Customs and Border Protection, the agency charged with enforcing this new mandate, is lacking in resources, suffering from severe understaffing, and is simply unable to review and verify the influx of required documents without significantly increasing wait times and crippling legitimate trade and travel.

Furthermore, DHS has not met its obligation to inform travelers regarding the new documentation requirements, leading to confusion, adding to delays, and hampering the cross border activity that is so important to our economy.

We are very concerned by the demand that travelers, including children, will need a proof of citizenship such as a birth certificate and a state-issued photo ID for border crossings.

U.S. citizens have a right to return to the U.S.

With this new policy, what will happen to U.S. citizens when they try to return to their country without the proper documentation?

We fear this unwise requirement will most certainly result in lost documents, deterring travel and devastating the economies of border communities. The recent omnibus appropriations bill passed by Congress and signed into law by President George W. Bush included a provision stating that the Administration may not implement the Western Hemisphere Travel Initiative (WHTI), the requirement for Americans to show identity and citizenship documents at the border, before June 1, 2009, or three months after the Administration makes certain required certifications to Congress, whichever date is later.

This provision further requires DHS to report on the results of the pilot programs used to develop and implement Section 7209 of the Intelligence Reform and Terrorism Prevention Act, as well as infrastructure and staffing requirements, updated milestones on the implementation plan, confirmation that a vicinity read radio frequency technology identification card has been adequately tested to ensure operational success, and the steps taken to ensure the integrity of privacy safeguard.

DHS has not met, nor made significant progress toward meeting, the requirements necessary for full implementation, including offering an affordable, secure alternative passport card and installing infrastructure necessary to process passport cards.

Thus, it is not reasonable for your department to move forward with these new documentation requirements when you have not demonstrated that border communities will not suffer undue economic burdens.

We strongly urge you to continue accepting oral declarations and government issued photo identification cards as proof of citizenship until full implementation of WHTI.

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