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US-VISIT Expands Technology at Certain Land Borders
Posted Aug 26, 2005
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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.
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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.
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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.
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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.
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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.
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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.
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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





 
 

Posted Aug 26, 2005