May 21, 2009
Tribal IDs and Traveling:
Rules for Flying and Crossing the U.S. Border with Tribal ID Cards
DHS Call Tuesday May 26 on WHTI
NCAI has received a number of questions about the use of Tribal ID cards for domestic and international travel purposes, particularly in light of some upcoming rule changes expected on June 1, 2009, and the NCAI Mid-Year conference in Niagara Falls, NY on June 14-17. Below is a summary of the rules to the best of our understanding.
(1) Flying: Domestic YES – You can use Tribal ID
* You can use Tribal ID cards (with a photo) for flying within the United States (now and after June 1).
* Every TSA agent should know this rule, but many do not. One of the primary problems is that the book of IDs they use at the airport does not have Tribal IDs examples yet. We are trying to fix this problem. In the meantime, we recommend arriving early at the airport and asking for a TSA supervisor if the first person does not accept your Tribal ID.
* Relevant TSA document for domestic flights: click here
(2) Flying: International NO – You cannot use Tribal IDs
* Currently passports are required for international flights (including Canada and Mexico). We do not anticipate a change in this rule anytime in the near future.
* Some Tribes, such as the Haudenosaunee, have designed their own tribal passport, and are trying to get them formally accepted as international travel documents.
* Currently Tribal ID cards are not sufficient for traveling by plane to Canada, Mexico, or anywhere internationally. A passport must be obtained.
(3) International Border Crossing YES – You can use Tribal ID
* Currently, as with domestic flying, any Tribal ID card (with a photo) is acceptable for international land and water border crossing. However, this rule changes on June 1, 2009.
* There is a new rule (WHTI-Western Hemisphere Travel Initiative) which requires Tribes to increase the security of their Tribal ID cards, and allow DHS to verify the ID holder’s identity. If a Tribe does not have this new type of ID after June 1, tribal members are not supposed to be able to use them to cross the border.
* However, due to the high costs of upgrading Tribal IDs to DHS’s requirements, and some DHS delays, no Tribal ID will actually be in compliance by June 1. In fact, it is not anticipated that any Tribal ID card will be in compliance until at least December 2009 to June 2010.
* DHS has said that they will be “flexible” in allowing Tribal IDs to be used for a “modest, but reasonable transition period.” NCAI has no idea what “modest, but reasonable transition period” means. But we are counseling Tribal members to continue to use their Tribal ID cards (and bring the attached letter with them if they have concerns) while Tribes and NCAI fight for stronger protections for inherent border crossing rights.
* Relevant DHS Letter for border crossing: click here.
* DHS Call To Discuss WHTI:
o From DHS: Please join Customs and Border Protection (CBP), the Office of Intergovernmental Programs (IGP), and the Screening Coordination Office for conference calls to discuss the Western Hemisphere Travel Initiative (WHTI) Implementation. Please note there are two separate calls lines, divided between Northern and Southern tribes. The calls will take place on Tuesday, May, 26 2009. Please call into the conference call bridge at least 5 minutes prior to the call start time to prevent backlog. For the call, please call in from a land line rather than a cell phone if possible. There are limited lines so we do request that you please call in as a group if more than one person is calling from tribe. It is an open microphone, so please put your phones on MUTE unless you are speaking.
DATE: Tuesday, 26 May
NORTHERN BORDER TRIBAL PARTICIPANTS
Time: 3:00 p.m. EDT
Call in Number: 1-800-882-3610
Participant Code: 1130572#
SOUTHERN BORDER TRIBAL PARTICIPANTS
Time: 3:30 p.m. EDT
Call in Number: 1-800-320-4330
Participant Code: 215132#
DHS CONTACT:
Office of Intergovernmental Programs, U.S. Department of Homeland Security
Stephanie Tennyson, Stephanie.Tennyson@dhs.gov, (202) 282-9310
1301 Connecticut Avenue NW • Suite 200 • Washington, DC 20036 (202) 466-7767 • (202) 466-7797 fax • ncai@ncai.org