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]
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 Statesby air, or entering the United States by sea from outside the Americas:[7]
U.S. or Canadian birth certificate, U.S. Consular Report of Birth Abroad, U.S. naturalization certificate or Canadian citizenship certificate, only for children under age 16, or under age 19 in a supervised group[8]
Government-issued photo identification along with U.S. birth certificate, Consular Report of Birth Abroad or naturalization certificate, only for travel by cruise ship returning to the same place of departure in the United States[9]
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]
