United States: Security and immigration procedures applied to foreign citizens when boarding a United States (US)-bound flight abroad and upon arrival at an airport in the US; whether these procedures include fingerprinting or other measures to establish or record identity; whether foreign citizens transiting the US en route to a third country require a visa or are subject to US immigration or security controls (Sept. 2001 - Sept. 2007)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board of Canada, Ottawa |
| Publication Date | 20 September 2007 |
| Citation / Document Symbol | USA102498.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, United States: Security and immigration procedures applied to foreign citizens when boarding a United States (US)-bound flight abroad and upon arrival at an airport in the US; whether these procedures include fingerprinting or other measures to establish or record identity; whether foreign citizens transiting the US en route to a third country require a visa or are subject to US immigration or security controls (Sept. 2001 - Sept. 2007), 20 September 2007, USA102498.E, available at: https://www.refworld.org/docid/47d6547fc.html [accessed 22 October 2022] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Security and immigration procedures when boarding US-bound flights
As a measure to prevent "person[s] of interest" from boarding United States (US)-bound flights, air carriers are required to transmit passenger data to the Customs and Border Protection (CBP) agency of the US Department of Homeland Security (DHS) prior to departure (US 10 Aug. 2007). Passenger information, such as full name, gender and country of passport issuance, is transmitted to the CBP through an electronic system, referred to as the Advance Passenger Information System (APIS) (ibid.). Air carriers must submit this passenger information 30 minutes before a flight's departure (ibid.; ibid. 9 Aug. 2007). The CBP reviews the passenger information and checks passenger lists against federal "watch lists" (ibid.). Only passengers who are "cleared" by the CBP are permitted to board US-bound flights (US 10 Aug. 2007).
In February 2006, the CBP implemented the Carrier Liaison Program (CLP) (ibid. 23 Feb. 2007a). The CLP aims to improve the effectiveness of air carriers in identifying "terrorists" (ibid.) and improperly or fraudulently documented travellers bound for the US (ibid.; ibid. Aug.-Sept. 2006). Through the program, the CBP provides free training to air carrier staff in fraudulent document detection and in passenger assessment (ibid. 2 Aug. 2006; ibid. Aug.-Sept. 2006). According to an August/September 2006 CBP newsletter, CLP training courses are being planned throughout Europe, Asia and South America (ibid.). By February 2007, training had reportedly been conducted in over 30 countries (ibid. 23 Feb. 2007a).
In addition to providing training courses, the CLP program also places Carrier Liaison Officers at ports of entry to provide on-site training and advice (US Aug.-Sept. 2006). In February 2007, Carrier Liaison Officers were posted at the following ports of entry: Baltimore; Chicago; Dallas; Dublin, Ireland; Houston; Fort Lauderdale; Las Vegas; Los Angeles; Miami; Minneapolis-St.Paul; Montréal, Canada; New York (JFK); Ottawa, Canada; Philadelphia; San Francisco; San Juan, Puerto Rico; Seattle-Tacoma; Washington, Dulles; Toronto, Canada (ibid. 23 Feb. 2007a). Information on whether other ports of entry have been included in the program since February 2007 could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
The CBP's Immigration Advisory Program (IAP), implemented in 2005 (ibid. 2006), similarly posts officers at foreign airports to help in pre-boarding security procedures for US-bound flights (ibid. 23 Feb. 2007b; ibid. 2 Aug. 2006). IAP officers conduct assessments of travellers and their documentation and may make "no board" recommendations to air carriers to prevent the entry of "terrorists, criminals or inadmissible aliens" into the US (US 23 Feb. 2007b; ibid. 2006). In August 2007, there were IAP officers stationed in Amsterdam, Warsaw, London, Tokyo and Frankfurt (ibid. 22 Aug. 2007; see also US 23 Feb. 2007b). There are also plans to expand the IAP to other locations (US 23 Feb. 2007b).
Pre-clearance inspection centres
The US operates several pre-clearance facilities at foreign entry/exit ports at which individuals undergo the same inspection process that they would undergo at a port of entry in the US (US 13 Aug. 2002). Travellers who have been "pre-cleared" are therefore reportedly exempt from immigration processing upon arrival in the US (ibid.; ibid. 22 Aug. 2007).
In 22 August 2007 correspondence, a CBP representative in Canada noted that, while a traveller cleared at a pre-clearance site does not need to undergo immigration processing upon arrival in the US, a traveller who is assessed by an IAP officer stationed in a foreign airport will still need to undergo the formal immigration inspection.
Pre-clearance inspection centres have been established in Canada (Calgary, Edmonton, Halifax, Montréal, Ottawa, Toronto, Vancouver, Victoria and Winnipeg), the Bahamas (Freeport and Nassau), Bermuda, Ireland (Dublin and Shannon) and Aruba (ibid. n.d.g; ibid. 7 May 2007b; see also CBC 7 Dec. 2004b). The pre-clearance inspection centres work in connection with the US Visitor and Immigrant Status Indicator Technology (US-VISIT) program (US 7 May 2007b; CBC 7 Dec. 2004b). According to the CBP Representative in Canada, "US-VISIT is utilized in the pre-clearance sites ... exactly as it is used in [US] domestic arrival airports, like JFK [New York], LAX [Los Angeles] and Miami" (US 22 Aug. 2007). The US-VISIT program is described below in further detail.
Security and immigration procedures upon arrival
Upon arrival at an airport in the US, non-immigrants must complete a form to record their arrival and departure (US 26 July 2004; ibid. n.d.f). Persons travelling with a visa are required to complete Form I-94 (a white form), while those travelling under the Visa Waiver Program (VWP) must complete Form I-94W (a green form) (ibid.). The VWP allows residents of certain countries to travel visa-free to the US for business or tourism for stays of up to 90 days (ibid. Oct. 2006; ibid. n.d.d). By October 2006, there were 27 countries participating in the VWP, including Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland and the United Kingdom (ibid. Oct. 2006).
The I-94 Form for visa holders requests the following information: family name, first name, date of birth, country of citizenship, sex, passport number, airline and flight number, country of permanent residence, city in which the passenger boarded his or her flight, city in which the passenger's visa was issued, date the visa was issued and address while staying in the US (US 16 Mar. 2007). The I-94W Form requests much of the same information as the I-94 Form, but also asks a series of questions concerning admissibility (US 15 Mar. 2007; Immihelp.com n.d.b), for example, whether the passenger has a communicable disease, whether the passenger has been convicted of a crime, etc. (Immihelp.com n.d.b).
All travellers entering the US must be inspected by a CBP officer (US n.d.f). The CBP officer determines the traveller's reason for entering the US, whether he or she has the appropriate travel documents and how long he or she should be permitted to stay in the country (ibid.).
Since the introduction of the US-VISIT program in 2004 (ibid. 18 Aug. 2004), most travellers to the US, including those travelling under the VWP, must have their index fingers digitally scanned and have their digital photograph taken (ibid. 5 June 2006; The Guardian 30 Sept. 2004). Travellers exempt from having their picture and fingerprints taken include Canadians, some Mexicans [e.g., holders of a B1/B2 visa/Border Crossing Card (BCC); participants in the Secured Electronic Network for Travelers' Rapid Inspection (SENTRI) and/or Free and Secure Trade (FAST) (US 2 Oct. 2006b)], diplomats, children under 14 years of age and adults over 79 years of age (ibid. 2 Oct. 2006a; see also The Guardian 30 Sept. 2004).
Once a visitor's index fingers have been scanned, the CBP officer cross-checks the fingerprints against those found in a database of criminals and suspected "terrorists" (US 7 May 2007a). The officer also verifies whether a person who applied for a visa at a US embassy, where biometric data is collected upon application, is the same person entering the US (ibid; US 5 June 2006). Referred to as the Integrated Automated Fingerprint Identification System (IAFIS), the database system allows CBP officers to check an individual's fingerprints against criminal and immigration databases within minutes (US 2 Aug. 2006). IAFIS is housed with the Federal Bureau of Investigation (FBI) and is reportedly the world's largest biometric library, containing information on over 47 million persons (ibid.; ibid. 7 Feb. 2005).
In addition to using fingerprints during the inspection process, the CBP officer also uses the visitor's digital photograph to "match and authenticate" visitor travel documents (ibid. 2 Oct. 2006a).
According to the 28 March 2007 Airport Security Report, a publication that "reports current news and trends affecting airport security initiatives" (Accessmylibrary.com n.d.), the Department of Homeland Security intends to introduce 10-digit fingerprinting for travellers. The report notes that new security measures will first be tested at 10 major US airports in autumn 2007 (Airport Security Report 28 Mar. 2007). Information on which major airports will be testing the new security measures could not be found among the sources consulted by the Research Directorate.
As of May 2007, US-VISIT biometric security measures were in place in 116 airports, including several non-US airports, as well as 15 seaports and 154 land ports of entry (US 7 May 2007b). Please refer to the attachment for a listing of ports of entry that apply US-VISIT entry procedures.
Once a traveller has been inspected by a CBP officer at a port of entry, the CBP officer stamps the arrival and departure portions of the traveller's completed I-94 or I-94W Form (ibid. 16 Mar. 2007; ibid. 15 Mar. 2007), as well as the traveller's passport (ibid. n.d.f). The CBP officer then retains the arrival portion and returns the departure portion to the traveller (ibid. 15 Mar. 2007; ibid.16 Mar. 2007). The form shows the date of arrival and the date until which the person is authorized to stay in the country (ibid. 26 July 2004). When leaving the US, the traveller must provide the departure portion of the form to the air carrier (US 16 Mar. 2007; ibid. 15 Mar. 2007).
During the inspection process, a CBP officer may deny a traveller entry to the US (ibid. n.d.f.). In such cases, the traveller may be placed in custody or may be temporarily detained while arrangements are made for his or her return flight (ibid.). If the traveller is visiting on a visa, the visa may also be cancelled (ibid.).
Biometric exit procedures
Under the US-VISIT program, the CBP is able to compare arrival and departure biographical data from passenger information provided by air carriers, in order to know when a person has entered or left the country (US 5 June 2006). In May 2007, the US Department of Homeland Security announced its intention to integrate biometric procedures into the visitor exit process at airports (ibid. 4 May 2007c). Information on when and where biometric exit procedures would be implemented could not be found among the sources consulted by the Research Directorate. However, biometric exit procedures have reportedly already been tested in a dozen airports, including Chicago, Los Angeles, Miami, Philadelphia and San Juan (Puerto Rico) (ibid.).
National Security Entry-Exit Registration System (NSEERS)
In addition to being enrolled in the US-VISIT program, some foreign nationals may also be required to register with the National Security Entry-Exit Registration System (NSEERS) (US June 2006). Also referred to as "Special Registration" (ibid.; ibid. 17 Apr. 2006), NSEERS was established after 11 September 2001 to monitor the entry and exit of foreign nationals who meet certain security criteria (ibid.; ibid. 7 Feb. 2005, 4). Persons subject to NSEERS include non-immigrant aliens who are nationals of Iran, Iraq, Libya, Pakistan, Saudi Arabia, Sudan, Syria or Yemen (US 22 Jan. 2007); non-immigrants identified as a security concern by the Department of State or the Department of Homeland Security (ibid.; see also US 17 Apr. 2006); and any non-immigrant identified as a security concern by CBP officers during the inspection process at ports of entry (US 22 Jan. 2007; ibid. 17 Apr. 2006). Special registration requirements do not apply to US citizens, permanent residents (green card holders), diplomats, refugees, persons claiming asylum ("depending on date asylum was pending or approved") and those who were granted asylum (ibid.).
Similar to the US-VISIT program, travellers registering with NSEERS are photographed and fingerprinted (ibid. 7 Feb. 2005, 4). NSEERS also requires registrants to keep the US authorities informed of any changes of address, employment or school and to use designated ports when departing the country (ibid. 17 Apr. 2006). Persons transiting the US to a third country and who are leaving from a non-designated port must provide their departure information to the authorities during their arrival registration (ibid.).
While comparing the US-VISIT program to NSEERS, the CBP Representative in Canada indicated in his correspondence that
US-VISIT is required of all foreign visitors ... [with a few exceptions], while NSEERS is still used for citizens of certain countries only. People subject to NSEERS are required to report when leaving the US, while people subject to US-VISIT do not yet have the same level of reporting required upon departure. At sometime, US-VISIT departure reporting may be universal, but it is not so yet. NSEERS subjects are obligated to actively seek out a reporting station as they leave the US. (US 22 Aug. 2007)
According to a 2004 Canadian Broadcasting Corporation (CBC) news article, the NSEERS program may eventually merge with the US-VISIT program (7 Dec. 2004a). However, according to the CBP Representative, US-VISIT has not replaced the NSEERS program (US 22 Aug. 2007; see also US 22 Jan. 2007).
Foreign citizens transiting the US to a third country
In August 2003, the US indefinitely suspended its Transit Without Visa (TWOV) and International-to-International (ITI) transit programs, which allowed international air travellers to transit the US to a third country without obtaining a visa (US n.d.b; ibid. 2 Aug. 2003). The programs were suspended in response to US intelligence indicating that the programs could be used by "terrorist" groups to gain access to the country (ibid.; ibid. n.d.b).
Foreign citizens transiting the US to a third country are now required to obtain a visa, unless they are eligible to travel under the Visa Waiver Program (VWP) (Immihelp.com n.d.a; US n.d.a; ibid. n.d.c). Since 26 October 2006, travellers from VWP countries must use e-passports, which include a computer chip containing biographic and biometric information about the holder (US Aug. 2006). Passports issued by VWP countries before 26 October 2005 must be machine readable, while passports issued between 26 October 2005 and 26 October 2006 must also include a digital photograph (ibid.). Travellers from VWP countries whose passports do not meet these requirements must obtain a visa before entering the US (ibid.; ibid. Oct. 2006).
Persons who are not eligible to travel under the VWP must obtain a transit visa, referred to as a "C visa" (ibid. n.d.a; ibid. n.d.e; Immihelp.com n.d.a). There are several types of C visas: the C-1 visa, for foreign citizens transiting directly through the US; the C-2 visa, for foreign citizens travelling to or from the United Nations (UN) headquarters in the US; and the C-3 visa, for foreign government officials on business travel, as well as "members of [their] immediate family, attendants, servants, or personal employees, in transit" (US n.d.e; Immihelp.com n.d.a).
Persons who are issued C visas do not have to remain in an airport transit lounge; they may leave the airport to visit friends, see a show, go shopping, etc., provided that they "continue their journey within the authorized period of stay" (US 16 Oct. 2006; ibid. n.d.a). Holders of this type of visa may remain in the US for a period of up to 29 days, but are generally only authorized to stay until the date of their proposed onward transportation (ibid. n.d.a; VisaPro.com n.d.a). C visas allow only a single entry to the US and a holder of this type of visa may not change his or her visa status (ibid. n.d.b; Immihelp.com n.d.a). Family members, including dependents, must obtain their own C visa (ibid.; VisaPro.com n.d.a).
Persons who qualify for a C visa may also qualify for and obtain a combination business and tourism visa, referred to as a B1/B2 visa (US n.d.a; ibid. 16 Oct. 2006; see also US n.d.c). A B1/B2 visa holder does not need a C visa to transit the US (US n.d.a). B1/B2 visas can be used for multiple entries into the US and are usually valid for a one-year or five-year period (ibid. 16 Oct. 2006).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
Accessmylibrary.com. N.d. "Airport Security Report."
Airport Security Report. 28 March 2007. Vol. 14, No. 6. "Security Roundup." (Factiva)
Canadian Broadcasting Corporation (CBC). 7 December 2004a. "Entering the United States FAQs: US-VISIT and NSEERS."
_____. 7 December 2004b. "US-VISIT Screening Points."
The Guardian [Manchester]. 30 September 2004. Suzanne Goldenberg. "US-bound Britons Fly into Security Revolution."
Immihelp.com. N.d.a "C Visa – General Transit Visa."
_____. N.d.b. "Sample I-94W Nonimmigrant Visa Waiver Arrival/Departure Form."
United States (US). 22 August 2007. Customs and Border Protection (CBP). Correpondence from a representative in Canada.
_____. 10 August 2007. Customs and Border Protection (CBP). "Fact Sheet: APIS."
_____. 9 August 2007. Department of Homeland Security (DHS). "DHS Announces Predeparture Screening of International Passengers and First Step Toward Secure Flight."
_____. 7 May 2007a. Department of Homeland Security (DHS). "US-VISIT: How It Works."
_____. 7 May 2007b. Department of Homeland Security (DHS). "US-VISIT: Current Ports of Entry."
_____. 4 May 2007. Department of Homeland Security (DHS). "US-VISIT Moves Out of Biometric Exit Pilot Phase."
_____. 16 March 2007. "Filling Out Form I-94."
_____. 15 March 2007. "CBP I-94W Form."
_____. 23 February 2007a. Customs and Border Protection (CBP). "Carrier Liaison Program (CLP)."
_____. 23 February 2007b. Customs and Border Protection (CBP). "Immigration Advisory Program (IAP)."
_____. 22 January 2007. Immigration and Customs Enforcement (ICE). "Frequently Asked Questions (FAQs)."
_____. 16 October 2006. Embassy of the United States, Canberra, Australia. "Transiting the US."
_____. 2 October 2006a. "US-VISIT Enrollment Requirements."
_____. 2 October 2006b. "US-Visit Enrollment Requirements, Applicability to Mexican Citizens."
_____. October 2006. Department of State. "Visa Waiver Program (VWP)."
_____. August-September 2006. Kelly Klundt. Customs and Border Protection (CBP). "CBP Launches Training Program with Air Carriers."
_____. 2 August 2006. Customs and Border Protection (CBP). "Fradulent Document Detection and Traveler Identification Security Measures."
_____. August 2006. Department of Homeland Security (DHS). "Visa Waiver Program – Traveler Guide: Travelers Visiting the United States."
_____. 5 June 2006. Department of Homeland Security (DHS). "Fact Sheet: US-VISIT."
_____. June 2006. Department of State. Bureau of Consular Affairs. "Visitor Visas – Business and Pleasure."
_____. 17 April 2006. Immigration and Customs Enforcement (ICE). "Special Registration."
_____. 2006. Library of Congress. "Immigration Advisory Program." House Report 109-079: Department of Homeland Security Appropriations Bill, 2006.
_____. 7 February 2005. Library of Congress. Congressional Research Service. "Biometric Identifiers and Border Security: 9/11 Commission Recommendations and Related Issues." (US Department of State Web site)
_____. 18 August 2004. Department of State. Bureau of International Information Programs. "September, October Bring Changes in U.S. Border Procedures."
_____. 26 July 2004. Customs and Border Protection (CBP). "FAQs on the Arrival-Departure Record (I-94 Form) & Crewman Landing Permit (I-95 Form)."
_____. 2 August 2003. Department of State. "Suspension of Transit Without Visa and ITI Programs."
_____. 13 August 2002. Customs and Border Protection (CBP). "U.S. Customs Service Celebrates 50th Anniversary of Preclearance Operations."
_____. N.d.a. Consulate of the United States, Bucharest, Romania. "Transit Visas."
_____. N.d.b. Customs and Border Protection (CBP). "Transit Without Visa (TWOV) and International-to-International (ITI) Transit Programs and Progressive Clearance Program."
_____. N.d.c. Embassy of the United States, Paris, France. "Nonimmigrant Visas: Do I Need a Visa to Transit Through the US?"
_____. N.d.d. Embassy of the United States, Paris, France. "Nonimmigrant Visas – Visa Procedure: The Visa Waiver Program."
_____. N.d.e. US Citizenship and Immigration Services (USCIS). "'C' Nonimmigrant Visas – Transit Visas."
_____. N.d.f. Customs and Border Protection (CBP). "Admission into United States."
_____. N.d.g. Customs and Border Protection (CBP). "Preclearance Locations."
VisaPro.com. N.d.a. "Frequently Asked Questions."
_____. N.d.b. "Frequently Asked Questions."
Attachment
United States (US). 7 May 2007b. Department of Homeland Security (DHS). "US-VISIT: Current Ports of Entry."
Additional Sources Consulted
Internet sites, including: Asylumlaw.org, Biometrics Catalogue, European Country of Origin Information Network (ecoi.net), Factiva, International Civil Aviation Organization (ICAO), United States – Biometrics.gov, U.S. Committee for Refugees and Immigrants (USCRI), United States – Transportation Security Administration, Visalaw.com.
