Border Trade Alliance

Border Trade Alliance (BTA), the leading organization representing border communities and trade, submitted comments in response to the Department of Homeland Security’s (DHS) Notice of Proposed Rulemaking for implementation of an air-exit system under the US-VISIT foreign-traveler security program. DHS’ proposed rule would require commercial air-carriers to implement and manage the Congressionally mandated exit system under US-VISIT at domestic, international airports, which requires foreign travelers to register their departure from the United States.  BTA’s comments reflected its support of a common-sense alternative proposal put forward by the Travel Industry Association (TIA), a non-profit trade organization representing the interests of the U.S. travel industry. Key elements of the BTA backed TIA alternative air exit system recommendations include:

• Establish TSA as Exit Entity
• Build the System that Works Best at Each Airport
• Authorize Private Sector Alternatives
• Develop Automated Data Collection Systems
• Maximize Traveler Experience

The rule proposed by DHS is the culmination of a recommendation by the 9-11 Commission and adopted into law by Congress to ensure that the status of foreign visitors can be tracked to mitigate those who overstay their visa. However, DHS’ rule places the burden of this federal mandate upon the private sector in order to reduce the federal cost of implementing and managing the program and in doing so, circumvents two of the primary responsibilities of DHS and the federal government, counter-terrorism and homeland security.

“TIA is very supportive of the creation of an exit capability….but the DHS Proposal would place this responsibility on airlines and airline personnel, and we think that’s wrong…TIA is putting forward solutions to move this issue forward.” said Rick Webster, Vice President of Public Policy at TIA. “We don’t simply want to tell DHS their proposal is wrong, we want to try to explain how potentially it could be done…”

“We strongly support TIA’s approach to US-VISIT air exit, as we believe in offering DHS meaningful and realistic alternative solutions to this issue.” said Matt Howe, Director of Public Policy for BTA.

The BTA’s comments also reaffirmed prior recommendations it has provided DHS regarding the implementation of the US-VISIT program at all U.S. ports of entry. The BTA and TIA were part of the Data Management Improvement Act (DMIA) Task Force in 2002-2004, which was tasked with making recommendations on entry-and-exit controls at U.S. International ports of entry. These recommendations were integrated into what is today US-VISIT. The BTA and TIA both serve on the Departments of State and Homeland Security’s Secure Borders Open Doors Advisory Committee.

TIA Recommendations To DHS

US-VISIT Air Exit System: Finding an Effective, Common Sense Solutions

Principles

• An air exit system is important to America’s security, critical to a credible immigration system and a requisite for a secure and expanded Visa Waiver Program.
• The primary purposes of an air exit system – to enforce compliance with U.S. immigration laws and to serve as a counterterrorism tool – are inherently governmental responsibilities.
• An air exit system must be convenient and easily understood by the passenger and flexible enough to fit into the unique work flow of each airport.
• A well funded outreach campaign is necessary to enhance traveler compliance and convenience.
• Significant compliance costs borne by private sector participants should be paid by the federal government.

The DHS air exit plan is inconsistent with many of these principles.

Alternative Air Exit System Recommendations

• Establish TSA as Exit Entity – Require the Department of Homeland Security (DHS) to collect, via the Transportation Security Administration (TSA), biometric digital fingerscans from foreign travelers departing the United States.
• Build the System that Works Best at Each Airport – Provide TSA the regulatory flexibility to collect biometric information at the location within the TSA operating environment that best fits the passenger screening process at a particular airport.  TSA and the airport authority should determine whether to place biometric exit at the document checker location, the physical checkpoint or in secondary screening.
• Authorize Private Sector Alternatives – Provide DHS the authority to enter into agreements with the airport authority to allow a private sector entity, such as a registered traveler program, to collect biometric data if DHS certifies that a private entity can securely operate the program in a more effective and efficient manner.
• Develop Automated Data Collection Systems – Require U.S. Customs and Border Protection (CBP) to develop an automated passenger arrival and departure system (I-94) that will allow air carriers to electronically collect departure records from foreign travelers at boarding gates and transmit data to CBP.
• Maximize Traveler Experience – Execute the air exit function at a consistent location and with clearly visible and multilingual signage within a particular airport to minimize traveler confusion.

BTA Recommendation Comments To DHS

Attn: Mr. Michael Hardin, Senior Policy Advisor

Dear Sir,

On behalf of the Border Trade Alliance (BTA), we welcome this opportunity to comment on theNotice of Proposed Rulemaking for the Collection of Alien Biometric Data Upon Exit From theUnited States at Air and Sea Ports of Departure; United States Visitor and Immigrant StatusIndicator Technology Program (US-VISIT).

Travel Industry Association Alternative Air Exit System 

The BTA strongly supports the Travel Industry Association’s (TIA) common sense approach to implement an effective air exit system.  TIA’s recommendations reflect the
need to ensure that Congress fully fund US-VISIT and similar programs and not undermine the implementation or funding for other programs in order to complete the exit portion of US-VISIT at air ports of entry.

BTA Recommendations for US-VISIT

The BTA has been intimately involved with the issue of entry and exit controls since the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.  Our organization was one of the private sector representatives, along with TIA, to the Data Management Improvement Act (DMIA) Task Force, and our constituency is made up of stakeholders in both the public and private sectors on both United States international borders.

The BTA wishes to use this opportunity to reaffirm our previously submitted recommendations on the implementation of US-VISIT.  The BTA maintains its position, dating back to September 2003, that we will not support exit controls if they are shown to cause undue disruptions to legitimate cross-border trade and travel.  We are confident, however, that the US- VISIT program still holds the potential to improve the border crossing experience, including the expansion of the program to include additional immigrants, with the proper application of sufficient resources.

We are advocates of effective and efficient enforcement but we cannot ignore the economic welfare of the border or the traveling experience for anyone who enters or leaves our nation.  We thank the US-VISIT program team for its continued receptiveness to input and we look forwardto continuing dialogue.

Sincerely,

BTA Travel And Immigration Committee

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