The Immigration and Naturalization Service has released a proposed regulation implementing a section of the Enhanced Border Security and Visa Entry Reform Act of 2002 that calls for airlines and ships (except certain ferries) to electronically transmit passenger and crewmember information to US border officers before they arrive in the US and before they leave the US.

The proposed rule also requires the airlines and ship lines to collect specific information on each passenger and crewmember that the INS says is necessary for the proper identification of passengers. Unlike the current rules, the lists will include information on ALL passengers including US citizens and permanent residents.

In 1989, the US government launched APIS - the Advance Passenger Information System. Airlines and ship lines collect information from a passenger’s passport, visa and any other travel document and submit the data electronically to the INS and US Customs Service. The system has been voluntary and participating carriers are guaranteed faster processing upon arrival in the US. 140 carriers now participate in the program. The new rule will expand APIS.

One thing that will change is the specific data collected. More information will be transmitted to the US government than under current APIS rules. The new rule calls for the collection of the following information:

Complete name

Date of birth

Citizenship

Gender

Passport number and country of issuance

Country of residence

US visa number

Date and place of visa issuance

Alien number

US address while in the US

Certain information will not be required if, for example, a passenger is exempt from passport or visa requirements.

Under the new rule, air carriers will have to transmit the identification data no more than 15 minutes after the time of departure. Ships have the following rule:

(1) ships on voyages of 96 hours or more must submit the information required in the crewmember and passenger manifests at least 96 hours before entering the port or place of destination;

(2) ships on voyages of less than 96 hours but not less than 24 hours must submit the crewmember and passenger manifests not less than 24 hours before entering the port or place of destination;

(3) and ships on voyages of less than 24 hours must submit the crewmember and passenger manifests prior to departing the port or place of departure.

Beginning on January 1st of this year, carriers no longer need to send collected I-94 cards to the INS if they are electronically submitting information required under the new law. Passengers will still complete I-94 cards so that INS inspectors can compare the information provided by the passenger to the information transmitted by the carrier. I-94s are also necessary since passengers do not necessarily come and leave from the same places and with the same carriers.

The rule has received little comment from immigrant rights group and the American Civil Liberties Union has stated that they are not concerned about privacy issues in this case.

The rule is only a proposal and the public is invited to submit comments until February 3, 2003. Comments can be sent to insregs@usdoj.gov. Be sure to put INS No. 2182-01 in the subject heading to ensure the comment gets to the proper mailbox.