Leahy: New Border-Crossing Bill Settles Threat to Cross-Border Trade

May 18, 2000

Background

A 1996 immigration reform law directed the Immigration and Naturalization Service (INS) to set up entry and exit monitoring at all points-of-entry in the United States, requiring visitors to provide additional information beginning October 1, 1998. This provision – known as Section 110 – was an attempt by Congress to crack down on those who remain in this country illegally. Sen. Patrick Leahy and others have sought to repeal or modify the mandate, pointing out that it would cause long delays at border crossings by requiring Canadians and Americans to provide additional information, making it more difficult for people to cross the border and hurting local economies and commerce.

Section 110 was not implemented because INS did not have the infrastructure or resources to implement it, giving lawmakers this opportunity to come to a compromise.

Finding an alternative to Section 110 the has long been a priority of Leahy’s. In 1997, Leahy cosponsored the “Border Improvement and Immigration Act of 1997,” which would have specifically exempted Canadians from any new documentation or paperwork requirements when crossing into the United States, increased the number of INS agents along the Northern Border and developed “reciprocal agreements” with contiguous countries to collect data on those who “overstay” their visas.

The Solution

Tonight (Thurs., May 18) in the U.S. Senate, Sen. Leahy joined Sen. Spencer Abraham (R-Mich.) in introducing new legislation to settle the issue by preventing the potentially long delays at border crossings while still keeping track of those who “overstay” their visas.

The Leahy-Abraham bill would replace Section 110 with a new provision calling for the development of an integrated data system which relies on existing information in federal databases. This means that the INS would not be required to collect any additional information at the border and trade and tourism between the United States and Canada would not be adversely affected. The compromise legislation was drafted with Rep. Lamar Smith (R-Texas), who chairs the House Subcommittee on Immigration and who strongly supports Section 110.

Leahy said that some of the $2.4 billion in goods and services shipped annually from Vermont to Canada and the nearly $120 million Canadians spend in Vermont each year would have been held hostage by long and costly travel delays.

“This legislation is a permanent solution that allows us to keep track of the flow of foreign nationals entering and leaving the United States without crippling commerce or our important relationship with Canada,” said Leahy. “This bill recognizes that the citizens along the Northern Border have a special relationship that should not be harmed by new, heavy-handed paperwork requirements at the border.”