Legal Update

Dec 10, 2007

New Document Requirements for International Travel

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Beginning on January 31, 2008, travelers entering the United States by land or sea will be required to present proof of citizenship and proof of identity. Under current law, U.S. Customs and Border Protection (CBP) officers accept oral declarations of citizenship from U.S. and Canadian citizens seeking to enter the United States through a land or sea port of entry. Under this new rule, travelers entering via land or sea must present documents to establish both their identity and citizenship.

Citizens of the United States and Canada who are over 18 years of age must carry a government-issued photo I.D. along with proof of citizenship (such as a birth certificate or a certificate of naturalization). Those 18 years old and younger will only be required to carry proof of citizenship. Passports will continue to establish both identity and citizenship.

Citizens of Bermuda must carry a passport issued by the government of Bermuda or the United Kingdom, and citizens of Mexico must carry either a valid passport and visa or a Border Crossing Card.

“Trusted traveler program” cards such as NEXUS, SENTRI, and FAST will continue to be accepted from the United States, Canadian, and Mexican citizens.

This change represents the second step toward compliance with the requirements of the Western Hemisphere Travel Initiative (WHTI). The first phase of the initiative went into effect on January 23, 2007 and requires citizens of the United States, Canada, Mexico, and Bermuda to carry a valid passport when entering the United States at an airport.

Seyfarth Shaw LLP provides this information as a service to clients and other friends for educational purposes only. It should not be construed or relied on as legal advice or to create a lawyer-client relationship. Readers should not act upon this information without seeking advice from their professional advisers.