U.S. border agents not enforcing new passport laws

Over the last weekend, the rules for crossing the Canadian-American border changed: Canadians must now present a passport at the border to enter the United States. Previously, they’d let you across with nary a second thought, sometimes not even demanding to see your driver’s licence or any other form of identification: if you were driving a car with Canadian plates and appeared non-threatening, they would simply let you pass. This happened to me several times; usually they just asked me (on the American side) where I was coming from, where I was going, and waved me on through. I am given to understand that when you work in a profession like one with U.S. Customs and Border Patrol or the Canadian Border Services Agency, or even security in general, you develop, over time, something of an eye for what might be trouble, and what will probably be fine. Now, of course, much of this is—consciously or otherwise—probably based on some underlying profiling (you’re white and drive a car in reasonably good shape? excellent, you’re neither a terrorist nor a drug smuggler), but that’s life, I’m told, in this kind of a world.

The one exception to this rule, in my experience, has been the crossing at Point Roberts, a small exclave of Washington State that was created when the border was determined to lie at 49° north latitude, but before they had done the mapping to see what was out there (besides Vancouver Island, which was accounted for separately in the treaty). There are only two (major) reasons Canadians go to the Point: (1) cheap(er) gasoline and (2) visiting the U.S. post office or some other shipping outlet for sending or receiving purposes. Therefore, when you enter and leave the Point, they usually know what you’re on about, and therefore the litany of questions is very specific—if it even gets asked at all.

But now, an American law passed in the wake of 9/11 is mandating that everyone provide proof of citizenship (i.e. a passport) when entering the United States by sea and, more importantly, land. As of last January—over a year ago—the rules changed to mandate passports from all passengers entering the United States by air, which people appear to have dutifully followed, taking it as one of the many necessary of unnecessary changes that have taken place since 9/11, and for better or worse, going along with it. And carrying a passport for flights between the U.S. and Canada is a good idea anyway; it simplifies matters when you go through customs and immigration control—remember, they really are two separate countries.

I’ve been using the word passport relatively interchangeably with the phrase proof of citizenship; I should clarify that what is actually required is proof of identity and citizenship. A passport proves both those things, but so do some other things, which are listed in the NPR story linked to at the beginning of this post. A NEXUS card, for example, will serve these functions just as well as a passport, though I once tried to use my NEXUS card as identification in San Francisco Airport, which though totally legal, didn’t quite work because the agents I was talking to had no idea what it was. The other relatively new—and potentially quite scary thing that you will soon be able to use is an enhanced driver’s licence, which are now being rolled out in both British Columbia and Washington State. I will skip lightly over these except to note that people of the privacy-advocating sort are worried that these licences are the first step toward a national ID card in both Canada and the United States. But this is a discussion for another time.

What is amazing, though is that what with all the new regulations on the books, the U.S. border guards are not enforcing these policies. Let me repeat that: these new laws say you have to present a passport at the border, but those guys who work for the Department of Homeland Security will not turn you away if you don’t have a passport. They’ve pushed back the date on enforcement of law by at least eighteen months, meaning that it will come into effect in July 2009 at the earliest; until then you can expect to receive ‘an educational flyer’ when you cross the border sans passport. There appears to be some question, furthermore, as to the next step—that is, whether or not to press on with the regulations at all. Leading the opposition are three U.S. Senators: Chuck Schumer (D-New York), Patrick Leahy (D-Vermont), and Ted ‘Series Of Tubes‘ Stevens (R-Alaska). These politicians all come from border states, surprise, surprise—guess whose economies are going to lose money if cross-border traffic is hindered further than it already is.

But one of the most salient objections I can think of—and one that, to my knowledge, hasn’t really surfaced yet—is that we’ve been hearing from the Bush administration, for years and years, how insecure and unsafe America’s borders really are, and how desperately needed are new measures to strengthen border security. Well, the new measures just came into place, and guess what? Bush’s own government isn’t enforcing them! What blinding hypocrisy and idiocy!