IMMIGRATION IN THE NEWS

Fiscal 2009 Omnibus Bill passes with Immigration Provisions: In February, Congress passed the 2009 Omnibus Appropriations Act which provided funding for the U.S. government to continue working through September 30, 2009. This Omnibus Appropriations Act includes provisions that would extend two immigration related programs -- EB-5 Regional Center Program and Basic Pilot (E-Verify) Program.

CHANGES IN U.S. PASSPORT REQUIREMENTS

The Intelligence Reform and Terrorism Prevention Act of 2004 requires the Department of Homeland Security and Department of State to develop and implement a plan to require any traveler who desires to enter the United States, U.S. citizen and foreign national alike, to present documentation that clearly verifies identity and citizenship. Most typically this document is a valid passport that has been issued by a country's government. The Act was modified in 2006 by Congress. The Bush Administration set the guidelines for implementation on June 1, 2009. The Obama Administration has not changed these guidelines. Entitled The Western Hemisphere Travel Initiative (WHTI) they are:

CURRENT REQUIREMENTS:

AIR TRAVEL: All persons traveling by air outside of the United States are required to present a valid passport to enter or re-enter the United States.

LAND AND SEA TRAVEL: All U.S. citizens must show proof of identity and proof of U.S. citizenship when entering the United States from Canada, Mexico, Bermuda and the countries of the Caribbean by land or sea. ACCEPTABLE DOCUMENTS CURRENTLY INCLUDE: U.S. Passport Book, U.S. Passport Card, Trusted Traveler Cards (NEXUS, SENTRI, or FAST) State Issued Enhanced Driver's License (when available) Enhanced Tribal Cards (when available) U.S. Military Identification with Military Travel Orders U.S. Merchant Mariner Document when traveling in conjunction with official maritime business Native American Tribal Photo Identification Card Form I-872 American Indian Card . U.S. citizens who do not have a single document verifying identity and citizenship must present both an identification and citizenship document; for example, a driver’s license and a copy of a birth certificate or naturalization certificate.

ON AND AFTER JUNE 1, 2009:

The U.S. government will implement the full requirements of the land and sea phase of WHTI.

 AIR TRAVEL: All persons traveling by air outside of the United States are required to present a valid passport to enter or re-enter the United States.

 LAND AND SEA TRAVEL: All U.S. citizens must show proof of identity and proof of U.S. citizenship when entering the United States from Canada, Mexico, Bermuda and the countries of the Caribbean by land or sea. Acceptable proof of identity and proof of U.S. citizenship are limited to U.S. Passport Book, U.S. Paszport Card and U.S. Military Identification with Military Travel Orders. All non-U.S. citizens must present a valid passport issued by their country of citizenship and, if required, a valid visa that has been issued by the U.S. Department of State or U.S. Department of Homeland Security, as appropriate.

CHILDREN: U.S. citizen children under the age of 16 will be able to present the original or copy of their birth certificate, or other proof of U.S. citizenship such as a passport, naturalization certificate or citizenship card. Groups of U.S. citizen children ages 16 through 18, when traveling with a school or religious group, social organization, or sports team, will be able to enter under adult supervision with originals or copies of their birth certificates or other proof of citizenship.

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