Statement of Senator Patrick Leahy on Introduction of the Immigration and Naturalization Service Data Management Improvement Act of 2000

May 18, 2000

Mr. President, I am pleased to cosponsor this bill, which will help protect both America’s economy and our relationship with Canada. In particular, citizens of states all across our Northern Border should breathe a sigh of relief that we appear to be close to finding a legislative solution to a potentially serious problem brewing along our border with Canada.

This bill will replace Section 110 of the Illegal Immigration Reform and Responsibility Act (IIRIRA). Section 110 would mandate that the Immigration and Naturalization Service (INS) establish an automated system to record the entry and exit of all aliens in order to track their movements within the United States and to determine those who “overstay” their visas. The system has not yet been implemented.

By requiring an automated system for monitoring the entry and exit of “all aliens,” this provision requires that INS and Customs agents stop each vehicle or individual entering or exiting the United States at all ports of entry. Canadians, U.S. permanent residents and many others who are not currently required to show documentation of their status would likely either have to carry some form of identification or fill out paperwork at the points of entry.

This sort of tracking system would be costly to implement along the Northern Border, especially since there is no current system or infrastructure to track the departure of citizens and others leaving the United States.

Section 110 would also lead to excessive and costly traffic delays for those living and working near the border. These delays would surely have a negative impact on the $2.4 billion in goods and services shipped annually from Vermont to Canada and would likely reduce the $120 million per year which Canadians spend in Vermont.

The Immigration and Naturalization Service Data Management Improvement Act will replace the existing Section 110 with a new provision that requires the Attorney General to implement an “integrated entry and exit data system.” This system would simply integrate the arrival and departure data which already is authorized or required to be collected under current law, and which is in electronic format within databases held by the Justice and State Departments. The INS would not be required to take new steps to collect information from those entering and leaving the country, meaning that Canadians will have the same ability to enter the United States as they do today.

This bill will ensure that tourists and trade continue to freely cross the border, without additional documentation requirements. This bill will also guarantee that more than $1 billion in daily cross-border trade is not hindered in any way. Just as importantly, Vermonters and others who cross our nation’s land borders on a daily basis to work or visit with family or friends should be able to continue to do so without additional border delays.

This is an issue that I have worked on ever since section 110 was originally adopted in 1996. In 1997, along with Senator Abraham and others, I introduced the “Border Improvement and Immigration Act of 1997.” Among other things, that legislation would have (1) specifically exempted Canadians from any new documentation or paperwork requirements when crossing the border into the United States; (2) required the Attorney General to discuss the development of “reciprocal agreements” with the Secretary of State and the governments of contiguous countries to collect the data on visa overstayers; and (3) required the Attorney General to increase the number of INS inspectors by 300 per year and the number of Customs inspectors by 150 per year for the next three years, with at least half of those inspectors being assigned to the Northern Border.

I also worked with Senator Abraham, Senator Kennedy, and other Senators to obtain postponements in the implementation date for the automated system mandated by section 110. We were successful in those attempts, delaying implementation until March 30, 2001. But delays are by nature only a temporary solution; in the legislation we introduce today, I believe we have found 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. That is why I am proud to support this legislation, and why I urge prompt action.