The U.S. Customs and Border Protection (CBP) has published a general notice in the federal registrar regarding the mitigation of carrier fines for transporting aliens without proper documents; modification of memorandum of understanding and recalculation of performance levels to measure carrier performance. The notice provides that, a transportation company that violates the provisions will be subject to a fine for each alien brought into the U.S. without the required documentation.  However, pursuant to statute and regulations, if a carrier that enters into a Memorandum of Understanding (MOU) with CBP, agreeing to follow procedures set forth in the MOU, commits a violation and becomes subject to a penalty, such carrier would not have to apply for a reduction of the fine, but would be eligible for an automatic reduction. Further, the notice announces that CBP has made changes to the existing Memorandum of Understanding (MOU) and has recalculated and reset the performance levels CBP will use to measure carrier performance of its travel document screening responsibilities pursuant to the MOU.” The revised MOU is appended to the notice.

CBP will begin accepting the signed revised MOU’s on April 23, 2010 and will discontinue automatic processing of reduced fines based on the expired MOU practice on the same day.

For complete information, please click: CBP Notice: Mitigation of Carrier Fines for Transporting Aliens Without Proper Documents

The U.S. Citizenship and Immigration Services (USCIS) have announced the reissuance of advance Parole documents (Form I-512) that are mailed to applicants with an incorrect issue date of January 5, 1990. All incorrect documents have been identified and will automatically be reissued to individuals who have received a document with the incorrect issue date, and will continue to be valid though the expiration dates remain accurate.  Therefore, applicants need not contact USCIS regarding their pending application unless their application is outside the normal processing time of 90 days. Applicants in necessary circumstances may travel with incorrect document but it is advisable to take this print explanation to share with U.S. Customs and Border Protection (CBP) if necessary.

For complete information, please click: USCIS to Reissue Advance Parole Documents

The U.S. Customs and Border Protection (CBP) has issued a reminder to U.S. bound travelers from Visa Waiver Program (VWP) countries to comply with Electronic System for Travel Authorization (ESTA) requirement. CBP plans to initiate a 60-day transition to enforced ESTA compliance for air carriers and says VWP travelers may not be allowed to board a U.S.-bound plane without an approved ESTA.

Completing its one year, ESTA is an electronic travel authorization that all citizens of VWP countries must obtain prior to boarding a carrier to travel by air or sea to the U.S. under the VWP.

For complete information, please click: Travelers from VWP Countries Should Complete Online Travel Authorization: CBP Reminder

Anticipating an increase in applications by Mexican travelers for the required I-94 permit during the holiday season, the U.S. Customs and Border Protection (CBP) in San Diego is urging the travelers to obtain these permits early instead of waiting until the day of travel. Also make sure to take all family members and carry documentation establishing financial solvency and proof of residency outside the U.S. during the I-94 application process.

CBP is also offering a number of tips to travelers to expedite the border crossing experience and ensure that they enter the country safely and without incident.

For full information, please click: Take I-94 Permits Early During Holiday Season, Says San Diego CBP

The U.S. Customs and Border Protection (CBP) have yesterday proposed the establishment of a new international trusted traveler program called Global Entry. This program would allow CBP to expedite clearance of pre-approved, low-risk air travelers into the United States. CBP has been operating the Global Entry program as a pilot at several airports since June 6, 2008. CBPs current proposal is based upon the successful operation of the pilot.

CBP is seeking comments on the proposed rule making. Interested individuals may submit their comments identified by docket number USCBP-28-2009, by one of the following methods:

Federal eRulemaking Portal: http://www.regulations.gov

Mail: Border Security Regulations Branch, Regulations and Rulings, Office of International Trade, Customs and Border Protection, 799 9^th Street, NW, 5^th Floor, Washington, DC 20001-4501

For instructions and other details, please click: CBP Proposes Global Entry Program

CBP launched an upgraded CBP Freedom of Information Act Electronic Reading Room designed to increase public access to agency records and documents. The site will feature records and documents formerly only available through FOIA request.  

Access the reading room here:  http://foia.cbp.gov/

A non-profit network of 16 public interest centers in the U.S. and Mexico, Appleseed is gearing up to protect the rights of thousands of immigrant children living in the U.S. – whether asylum seekers, victims of human trafficking, or in some cases even misidentified American citizens apprehended by the authorities. Most of these children are taken into custody at U.S. ports of entry or along the Mexican border. The idea behind this project is to make sure that Unaccompanied Children (UAM) are treated humanely and are not deprived of due process by the authorities.

As part of its efforts, Appleseed has constituted a team of attorneys generously donated by Mayer Brown, DLA Piper and Akin Gump for conducting on-site examinations of detention centers across the country.  These site visits, which will help Appleseed identify and redress problems in the UAM detention system, include facilities inspections; a review of contracts, practices and policies; and interviews with both UAM and staff. Overall, the goals of the Unaccompanied Minors project inter alia includes, ensuring that minors detained by DHS’s Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) are treated in a manner consistent with the requirements of the Flores Settlement Agreement, the Trafficking Act, and all other applicable laws, regulations and orders.

For more information, please click Protecting Immigrant Children In Custody

Invoking Freedom of Information Act (FOIA), the American Civil Liberties Union (ACLU) has filed a request before the Customs and Border Protection (CBP) seeking records regarding its authority to search the laptops and other electronic devices of travelers without suspicion of wrongdoing. In July 2008, CBP issued its “Policy Regarding Border Search of Information,” which permits CBP to subject travelers to suspicionless searches and retain information contained in documents and electronic devices. Commenting on the violation of the constitutional rights of international travelers, Larry Schwartztol, staff attorney with the ACLU National Security Project, said “The disclosure of these records is necessary to better understand the extent to which U.S. border and customs officials may be violating the Constitution.” According to the ACLU’s request, providing government, the unfettered authority to search traveler’s personal documents and electronic devices is a violation of Forth Amendment privacy rights and the First Amendment freedoms of speech, inquiry and association.

For detailed information on ACLU FOIA request, please read: ACLU Request Records Relating to Laptop Searches at the Border

The U.S. Customs and Border Protection (CBP) once again reminds U.S. and Canadian citizens to start applying for WHTI-compliant travel document now, as the new document requirements for entry into U.S. at land and seaports under the Western Hemisphere Travel Initiative (WHTI) are set to begin from June 1 and the approval process can take several weeks.

CBP has stated that U.S. and Canadian citizens who lack WHTI-compliant documents but are otherwise admissible will not be denied entry into the U.S. on June 1, and are encouraged to continue with their travel plans and to obtain facilitative and secure WHTI travel document as soon as possible. Presently, there are certain WHTI-compliant documents that can be presented while entering into U.S. at land and seaports, they include:

• U.S. or Canadian Passport;
• Trusted Traveler Card (NEXUS, SENTRI, or FAST/EXPRESS);
• U.S. Passport Card;
• State or province-issued Enhanced Driver’s Licenses (when and where available).

For further information on WHTI-compliant documents and other aspects, travelers and readers may visit WHTI Web site www.GetYouHome.gov

For complete information on the CBP reminder, please click the link: CBP Reminds Travelers of New Border-Crossing Document Requirements

The White House summary on immigration-related funding in Obama’s FY2010 budget reflects more monitory funding (nearly $27 billion) for border and transportation security activities, an 8 percent increase over 209. Out of which $24.6 billion is within the budget for the Department of Homeland Security (DHS), largely for U.S. Customs and Border Protection (CBP), the Transportation Security Administration (TSA) and the U.S. Coast Guard. Other DHS bureaus were also significantly financed.  The Budget also proposed a grant of $10 million to establish a new Immigrant Integration program in the Office of Citizenship at U.S. Citizenship and Immigration Services (USCIS) to help immigrants integrate into American life. To support and integrate recent legal immigrants into American life, the budget invested $75 million for English literacy and civic educational programs. Inter alia, the President’s budget earmarked funds to expand efforts on stopping illegal traffic of criminals, weapons and drugs.

For detailed information on distribution of funds, please read: Obama FY2010 Allocates More on Border and Transport Security