DHS Temporary Halts Transit Programs for International Air Passengers

[Readers may also want to read Greg Siskind's editorial on this subject in today's USA Today. The opinion piece can be found at
http://www.usatoday.com/news/opinion/editorials/2003-08-03-oppose_x.htm ]

The US Department of Homeland Security announced this weekend that it is temporary halting the 51 year old Transit Without Visa ("TWOV") and partner International-to-International ("ITI") program. The programs allow international air travelers to enter the US without visas for purposes of connecting to flights to other countries. Major US and international airlines use the program to route passengers through major airport hubs in the US. For example, a passenger flying from Taiwan to London might use the TWOV program to travel to San Francisco and catch a connecting flight to Europe.

The program had been under considerable fire since the 9/11 hijackings as a potential security risk. In December 2001, the Office of Inspector General at the Justice Department issued a report criticizing the INS for serious security holes in the program. Little was done by the INS and its successor agencies, however, to change the program and when it was announced last week by the Bush Administration that terrorists were considering exploiting weaknesses in the program to hijack planes, the Administration quickly acted.

The suspension was announced Saturday afternoon and became effective immediately. There are three exceptions:

1) TWOV or ITI passengers in flight at the time the regulation goes into effect will be allowed to continue in transit and depart the U. S. subject to inspection and an evaluation of risk.

2) Travelers who purchased their tickets as TWOV or ITI passengers on or before July 24, 2003, and who are scheduled to depart for transit through the U.S. before 12:01 a.m., Tuesday, August 5, 2003, need not obtain a visa to transit the U.S. For any flights scheduled to depart after 12:01 a.m. August 5 that include a stop in the U.S, however, these travelers must now either obtain a visa or change their travel itinerary to exclude a stop in the U.S.

3) If a person has already traveled through the U.S. as a TWOV or ITI passenger on the first leg of their trip, and uses the return portion of their round trip ticket before 11:00 a.m., August 9, 2003, they will be permitted to make a stop in the U.S. without a visa on the return portion of their trip. No provisions were announced for expediting visa processing for passengers flying after 11 am on August 9th.

Homeland Security Secretary Tom Ridge said "Our number one mission is to protect Americans and American interests from the threat of terrorism and we realize that terrorists aim to exploit our vulnerabilities and freedoms. The steps announced today, while aggressive, are an appropriate response to the threat. We know they will have an impact on international travelers, but we believe they are necessary in order to protect lives and property.”

The program suspension will last for at least 60 days. During that time, DHS will attempt to identify measures that can be taken to further secure the programs from terrorists seeking to avoid consular processing. Comments from the public are being solicited and a decision will be made at the end of two months regarding the possible re-implementation of the program.

DHS Secretary Tom Ridge also mentioned on CNN's Late Edition on Sunday that the Visa Waiver Program was also under scrutiny. He emphasized, however, that the program was not in danger. Rather, additional security measures would be imposed on Visa Waiver passengers in the future.