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Border and Enforcement News

Despite the strict intentions for the US-VISIT program that is being rolled out, a high-level memorandum from Homeland Security Secretary Tom Ridge’s office ordered customs agents to stop fingerprinting as many travelers as needed to reduce wait times caused by the new program.  Customs agents are to cease collecting the biometrics on foreign passengers if processing wait times exceed one hour. 

 

DHS spokespeople have said that the one-hour deadline should not be a problem thanks to advance passenger data from airlines.  DHS intends for the new program to only add 15 seconds to the entry process once agents become proficient at fingerprinting and photographing passengers.  Many agents are surprised that Washington is setting the deadline despite the high threat alert.

 

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Immigration advocates are concerned that inaccurate information will cause problems for people entering the country because of efforts the Department of Homeland Security is taking to integrate more than two dozen criminal and terrorist databanks as part of a new immigration tracking system.  To make the US-VISIT program work, DHS plans to combine 27 different biographical databases and one biometric database this year.  The information from visitors is scrutinized against databases from other agencies, e.g. CIA, FBI, DHS and Defense Department.

 

Advocates of immigration fear that existing databases contain inaccuracies that will cause some visitors to be unfairly targeted.  Concern stems from the fact that FBI records do not have to comply with accuracy regulations under the 1974 Privacy Act.  US-VISIT’s deputy director Robert Mocny acknowledged to GovExec.com that existing databases have inaccurate information, such as misspelled names and incorrect biometrical information.  He expects the integrated database of biometrical information, such as fingerprint scans, will reduce the number of false identifications and increase positive identifications.

 

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US Border Patrol highway checkpoints have a new emphasis of slowing traffic to look for terrorists and see if drivers and passengers in vehicles are legally in the United States.  The check points are part of a nationwide program for the southern and northern border areas that was ordered by the Department of Homeland Security because of the increase in the threat level to orange.  The new emphasis of preventing terrorists and terrorist weapons from entering the country joins the US Border Patrol’s main focus of ensuring that illegal immigrants and drugs are not brought into the US.

 

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The majority of the 27 Visa Waiver Program countries whose citizens do not need visas to visit the United States probably will not meet the October 26 deadline for including biometric features such as digital photographs or fingerprints in all new passports, according to Department of Homeland Security officials.  If the extra security data is not included on passports, these countries could lose their privileges of traveling in and out of the US freely.

 

Britain, Japan and a number of other countries have told DHS they were likely to miss the deadline.  Citizens of countries that fail to meet the cut-off date would be required to apply for US visas ahead of their travel.  This would cause logistical problems and frustrate potential visitors.  It could also cost the US economy billions of dollars in missed travel.

 

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

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Memphis, TN 38119
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