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US-VISIT Expands
Technology at Certain Land Borders
Posted
Aug 26, 2005
©MurthyDotCom
The Border and Transportation Security (BTS) Directorate of the Department
of Homeland Security (DHS) issued a Notice in the Federal Register on August
4, 2005, that they have begun using radio frequency identification devices (RFID)
at certain land borders. This technology is being used as part of the U.S.
Visitor and Immigration Status Indicator Technology Program (US-VISIT). This
testing will take place for at least one year.
©MurthyDotCom
Which Ports Use RFID Technology and How Does it
Work?
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The land ports of entry that use RFID technology are Pacific Highway,
Washington; Peace Arch, Washington; Alexandria Bay, New York; Nogales East,
Arizona; and Mariposa-Nogales West, Arizona.
©MurthyDotCom
Nonimmigrants who would normally receive an I-94 card at these ports of
entry will receive I-94 cards that are embedded with RFID chips. When a
person walks or drives through one of these ports, the RFID chip sends an
identification code to the U.S. Customs and Border Protection (CBP)
computers. This identification code brings up the individual's information
for the CBP inspector. The system is similar to toll passes that permit one
to go through a toll lane without stopping if there is a toll pass in the
vehicle.
©MurthyDotCom
The technology does not have a long carrying range, so the RFID chip should
only respond to the signals located at the ports of entry. The identifier in
the RFID chip is only a number that is tied to the I-94 card. All data about
the individual is located in the DHS computer systems and therefore cannot
be stolen by any unscrupulous person who creates a device to illegally read
the RFID chip. In addition, since it is short-range, it is not designed to
be a tool to permit the DHS to monitor the movement of individuals with the
I-94 cards as they travel within the United States.
©MurthyDotCom
Keep the Card Secure and Use it Properly
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In order for the technology to work to improve travel through the borders,
one should have the correct I-94 card in her/his possession. The government
recognizes that a person may accidentally have a spouse's card or damage the
card in some way and there are procedures in place to accommodate this.
Anyone who does not have the proper card, however, should expect delays.
©MurthyDotCom
It is illegal to tamper with the RFID chip in the cards. In some cases, it
may lead to a finding that an individual has committed fraud in obtaining an
immigration benefit and render the person inadmissible. Therefore, it is
best to keep the I-94 card in a safe place where no appearance of tampering
can occur.
©MurthyDotCom
Conclusion
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Persons who would not usually receive an I-94 card at the border will not
receive an I-94 card under this program. Further, those who are not subject
to being enrolled in the US-VISIT will not be enrolled in this program. The
purpose of the pilot project is solely to test the effectiveness of the
technology in securing the borders and improving the flow of individuals
into and out of the United States.
©
2005 The
Law Office of Sheela Murthy, P.C. All Rights Reserved
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