New U.S. Customs and Border Protection (CBP) regulations took effect this month that combine two bad ideas — fees to encourage foreigners to visit the US by charging them more to do so, and fees for the Electronic System for Travel Authorization (ESTA) — in a way that creates new possibilities for travel surveillance and […]
According to a recently-released European Commission staff working document, the U.S. Electronic System for Travel Authorization (ESTA) is not “tantamount to the … visa … process” required for admission to the European “Schengen Zone”, and therefore does not give cause for the imposition of reciprocal visa requirements for US citizens seeking to enter Schengen countries. […]
In a Notice of Proposed Rulemaking (NPRM) in the Federal Register on June 9, 2008 (73 Federal Register 32440-32453), the Department of Homeland Security has proposed a new system for foreign citizens intending to visit the U.S without visas, and to enter the U.S. by air or sea, to apply for and receive an additional […]
The 9th Circuit Court of Appeals has upheld the right of a traveler to have a Federal court review decisions by US Customs and Border Protection (CBP) to admit or remove an individual from the SENTRI program, one of the Trusted Traveler Programs administered by CBP and the Transportation Security Administration (TSA).
In researching the law on the right to travel to obtain an abortion, we were pleased to notice an advisory opinion from the Office of Legal Counsel (OLC) that, although only in passing, explicitly acknowledges the right to travel. OLC is the division of the US Department of Justice that serves as the office legal […]
In the latest escalation of surveillance of travelers, data from automated license plate readers (APLRs) is being merged with data from devices that record the unique identifiers of passing WiFi, Bluetooth, and Bluetooth Low Energy (BLE) devices, including always-on devices intended for in-vehicle communications, entertainment, and network access. Most new cars, SUVs, and light trucks […]
Narrowing the damage done by its 2015 ruling in the Identity Project case of Mocek v. Albuquerque, the 10th Circuit Court of Appeals has ruled that it is clearly established law that, even in a state such as New Mexico that requires individuals suspected of crimes to identify themselves to police on demand, a valid […]
In September of 2023, in a case that originated in Huntsville, Alabama, the 11th Circuit Court of Appeals ruled that “It was… clearly established at the time of Mr. Edgar’s arrest that [a police officer] could not demand he produce physical identification. And because Officer McCabe’s demands for an ‘ID’ or a ‘driver’s license’ went beyond what the statute and state […]
As we mark twenty years since the creation of this website for the Identity Project, perhaps it’s time to assess the state of freedom of movement in the USA and for US citizens. We’ve been reporting, in more detail than anyone else, on changes in policies and practices that affect our right to travel freely. […]
This month the Financial Crimes Enforcement Network (FINCEN) division of the Department of the Treasury began collecting copies of passports, drivers licenses, and other ID documents submitted by officers and owners of all sorts of companies. In other words, you now have to have a government-issued ID and provide an image of it, probably including […]