Oral Declaration Unacceptable Proof of Citizenship at POE
Posted Jan 04, 2008
©MurthyDotCom
The U.S. Department of Homeland Security (DHS) has issued a Notice in the Federal Register that affects citizens of the United States, Canada, and Bermuda entering the U.S. at land or sea ports-of-entry. As of January 31, 2008, one will no longer be able to establish his/her identity and citizenship to the satisfaction of U.S. Customs and Border Protection (CBP) officers by oral declaration. Until that date, current CBP procedures still allow for citizens of these countries to provide any proof of identity and citizenship, including an oral statement. Starting January 31, 2008, these individuals will be required to submit documentary evidence.
©MurthyDotCom
Evidence Acceptable to CBP
©MurthyDotCom
The CBP is in the process of amending its field guidance procedures requiring only documentary proof of identity and citizenship for U.S., Canadian, and Bermudian citizens. Most individuals are already complying with the new requirement by providing documentary evidence of identity and citizenship, such as passports, birth certificates, or drivers' licenses. Some Canadian and Bermudian visitors, as well as returning U.S. citizens, however, are utilizing current CBP instructions that allow CBP inspectors at ports of entry to accept oral declarations, depending upon the circumstances. If a CBP officer is not satisfied with an oral declaration of citizenship and identity s/he may request documentation to support one's oral statement. These procedures require CBP officers to exercise a high level of discretion which raises concerns about vulnerability.  
©MurthyDotCom
Conclusion
©MurthyDotCom
The DHS has stated that this new CBP rule is not part of the Western Hemisphere Travel Initiative (WHTI), about which MurthyDotCom and MurthyBulletin readers were informed in a series of articles, including most recently our September 14, 2007 article, Temporary WHTI Accommodation Ends Sep 30, 2007. Accordingly, the amendment to the CBP instructions does not require rule making and a comment period. However, the DHS will address comments on the new CBP requirement in its final rule concerning the WHTI. These comments include a general unease regarding significant delays at the land and sea ports-of-entry if oral declarations are disallowed. The CBP intends to rely on its overall operational experience in processing travelers at land and sea ports, while also meeting the security objective underlying the new document-only requirement.