Senate Approves Stevens-Leahy Amendment
To Delay Stiff New Border-Crossing Requirements

. . . Averting “A Train Wreck On The Horizon For The Northern Border”

WASHINGTON (Wednesday, May 17) – The U.S. Senate Wednesday afternoon approved and added to the Senate’s immigration reform package a bipartisan amendment by Sen. Patrick Leahy (D-Vt.) and Sen. Ted Stevens (R-Alaska) to postpone for 17 months stiff new border-crossing requirements.  Leahy says federal agencies are ill-prepared to implement the plan, which he says would lead to major disruptions in commerce, tourism and travel, especially across the Northern Border with Canada. 

The Stevens-Leahy Amendment, approved by the Senate by voice vote on Wednesday afternoon, would delay implementation of the PASS Card system for 17 months, to June 1, 2009.  The PASS Card system is part of the Bush Administration’s Western Hemisphere Travel Initiative (WHTI).

Leahy calls the PASS Card requirements “a train wreck on the horizon for the Northern Border” and has pointed to the lack of sufficient coordination between the State Department and the Department of Homeland Security on such basics as which technology will be used for the new border crossing cards.  Leahy has also faulted the Bush Administration for lack of sufficient coordination with the Canadian Government over new requirements that will be demanded of Canadian visitors when the new program takes effect.  Senators from Southern Border states have joined in the coalition that Leahy and Stevens have built for the postponement amendment, voicing similar concerns about the program’s effects on their states.

“This will head off the turmoil that this poorly developed plan would impose on our citizens and on our economy, especially in border states,” said Leahy.  “We want to buy enough time to fix these problems beforehand, instead of having to fix the mess it will cause afterward.”

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BACKGROUNDER

On The Stevens-Leahy Amendment To Postpone For 17 Months
The Western Hemisphere Travel Initiative (WHTI)
And It's Pass Card Border-Crossing Requirements

PASS CARD.  The Intelligence Reform and Terrorism Prevention Act of 2004 included a provision that will require individuals from the United States, Canada, and Mexico to present a passport or other documents proving citizenship before entering the United States.  The law takes effect on January 1, 2008.  The new Western Hemisphere Travel Initiative (WHTI) and problems with its implementation raise serious concerns about trade, commerce, and tourism along both the Northern and Southern borders.  The changes would be particularly jarring along the Northern Border because of the commercial and cultural relationships that would be bent or broken in implementing these changes along what has long been the world’s longest friendly border.  Canada also is the largest U.S. trading partner, as it also is Vermont’s foremost trading partner.

The Homeland Security Department and the State Department have proposed the introduction of a “PASS Card,” similar in size to a driver’s license, that is intended to provide an inexpensive, secure alternative to a traditional passport.  However, despite the looming deadline for mandatory use of the card at land crossings, the two departments have yet to agree on the technical requirements for the card.  The technology favored by DHS is an “open” UHF system that would possibly make our border less secure.  In addition, DHS has yet to request a single dollar for the infrastructure required needed with whatever card is deployed.  A significant investment is required to upgrade the infrastructure of border crossing points, avoid gridlock and preserve the flow of commerce with our largest trading partner.

Because the program is mandated by the 2004 law and State/DHS are moving full speed ahead on implementing it, it is unlikely that full repeal and redesign of the program is a realistic option.  A more realistic goal is to explore possibilities for postponing implementation of the PASS Card system until there are sufficient assurances from the Department of Homeland Security (DHS) and from the State Department that the program’s problems have been satisfactorily addressed.  Sen. Patrick Leahy (D-Vt.) has blown the whistle on the PASS Card program’s problems – which he calls “a train wreck on the horizon” – sending oversight questions to the federal agencies involved, raising these issues in oversight hearings, and alerting Vermont’s state and business leaders to the looming disaster.  In Senate hearings this March, Senator Leahy questioned DHS Secretary Chertoff and Secretary of State Rice about these issues, spotlighting how far behind DHS currently is on planning and implementing the PASS Card system in time for the rapidly approaching deadlines when all U.S. citizens must have the card.  In addition, DHS and GSA do not seem to be paying any attention to the infrastructure required to make sure that there are not ridiculously long lines at the border stations when this program begins – a situation that would cripple commerce and travel between the two countries.  Also of great concern is the lack of adequate consultation and coordination of U.S. agencies with the Government of Canada, which is nowhere near implementing anything like this yet.  With the United States requiring similar documents from Canadians entering this country, their lack of adequate documentation effectively will halt travel, trade and tourism heading south.  To address these mounting problems, Sen. Patrick Leahy and Sen. Ted Stevens built a bipartisan coalition of support for postponing the program’s implementation.  Their coalition succeeded May 17 in adding the Stevens-Leahy Amendment to the Senate’s immigration reform bill, to delay the program’s implementation by 17 months.

N. BORDER BARRIER/FENCE/WALL.  Also of particular interest to Northern Border states during the current immigration reform debate is the push by some to lay the groundwork for a fence/wall or barrier across the 3,145-mile-long Northern Border with Canada.  The immigration bill passed late last year by the House includes this provision.  Senator Leahy succeeded in removing this measure -- which would launch this effort by first mandating a federal study – from the immigration reform package that is now on the Senate Floor.

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