Last week in the Federal Register, the Department of Homeland Security (DHS) promulgated an interim rule extending the time period certain Mexican nationals may stay in the U.S. without obtaining additional documents.  Formerly, a Mexican holding a Form DSP-150, B-1/B-2 Visa and Border Crossing Card (BCC) did not need to obtain a Form I-94 to remain in the U.S. less than 72 hours within 25 miles of the border (or 75 miles within Arizona).  The interim rule, which became effective August 13, enables BCC holders to stay up to 30 days within the same geographic parameters without needing an I-94. 

DHS asserts that the new rule will facilitate commerce, tourism, and trade along the U.S.-Mexican border.  Longer stays by Mexicans will help fuel the economies of southern border cities, made increasingly interdependent by NAFTA.  Moreover, the rule approaches a more equal treatment of Mexican and Canadian nationals.  Canadians can stay in the U.S. up to six months without obtaining additional documents.  The rule also increases administrative efficiency by eliminating the additional paperwork Mexican BBC holders formerly needed to stay longer than 72 hours.  Many of these individuals previously made unnecessary trips across the border every three days merely to avoid the inconvenience of the additional paperwork.

With less paperwork, resources can be channeled into enhancing security in other areas without compromising security pertaining to Mexican visitors.  The rule will likely encourage more Mexicans to obtain BBCs, which include machine-readable biometric identifiers such as fingerprints and photographs.  In order to obtain one, a Mexican must provide information about his residence, employment, and reason for frequent border crossings.  The State Department then conducts biographic and biometric checks on the individual.  Immigration officials will inspect BBC holders at ports-of-entry to ensure their identities.  They will also analyze the new policy’s effect on overall violations of terms of admissions and apprehensions of Mexican BBC holders who fail to obtain Form I-94 or violate the new time or geographic limitations.

The rule does not alter the 72-hour time limit for Mexicans entering the U.S. solely to apply for a Mexican passport or other official document at a Mexican consulate in the U.S.   Nor does it extend the 72-hour limit for those who enter as nonimmigrant visitors with valid passports and visas without obtaining Form I-94.  DHS is accepting written comments regarding the interim rule until October 12, 2004.