Papers, Please!

The Identity Project

Category Archives: Papers, Please

Jan 23 2007

New passport rules frustrate last-minute travelers

Effective today, the Western Hemisphere Travel Initiative (WHTI) requires passports for all air travel between the U.S., Canada, Mexico, the Caribbean, and Latin America.

Today the New York Times reports on the problems the new rule has caused for would-be last-minute travellers from the U.S., especially business travellers, who find out they need to travel too late to obtain a passport by mail, and thus have to apply in person at a U.S. State Department Passport Office or through a commercial passport and visa expediting service. The numbers of last-minute applicants have exceeded the capacity of the Passport service, frsutrating travellers and causing some of them to lose potential business.

This is exactly what the Identity Project predicted in comments filed with the DHS and the State Department when these new WHTI rules were proposed last year.

In its assessment of the cost burden of the proposed rules, the DHS and the State Department considered only regular passport applications (supposedly six to eight weeks processing time, although we recently heard from someone who received their passport more than five months after they applied) and expedited two-week service by mail. They made no mention of what happens when a psasport is needed in less than two weeks.

In our comments, we pointed out this omission, and gave a detailed breakdown of the escalating costs of obtaining a passport more quickly, as well as of the consequential costs of trips that would be impossible becaase a passport couldn’t be obtained quickly enough.

The DHS dismissed our comments out of hand, in a response to comments published in the _Federal Register_ in November along with the final rule that goes into effect today:

Comment

One commenter argued that the cost to obtain a passport is significantly underestimated because the time estimated to obtain a passport is too low.

Response

We appreciate this comment and the detail that accompanied the estimate provided in the comment. However, the commenter presented an estimate that was overly pessimistic and represented an absolute ‘‘worst-case’’ scenario that would rarely, if ever, be realized.

The final WHTI cost assessment continued to ignore any of the implications of passports applied for in person or needed in less than two weeks.

As today’s story in the Times shows, the “worst-case scenario” we predicted has already been realized, even before the new rules have taken effect.

It’s time to end the DHS’s extra-judicial and unconstitutional interference with internationally recognized human rights to freedom of travel.

Dec 14 2006

Czar Chertoff defends Real ID

The Real ID bill that was sneaked into law last year is getting pushed by head totalitarianism czar Michael Chertoff. Slashdot readers are unimpressed. State legislators throughout the US will be considering bills to either ban Real ID or to implement it in 2007. We suggest writing to your state representatives, asking them to ban it in your state. It will cost billions, it will hassle every ordinary person (you’ll have to produce original birth certificates and such to the DMV again — and any paper that’s out of order will mean endless harassment), and the basic premise is wrong in two ways. One, the federal government can’t tell us citizens that we’re not permitted to travel, or go to court, without its permission; those are RIGHTS, not privileges. Second, the federal government doesn’t have the authority to demand that the states revise their IDs; that’s a state power. The reason the federal government doesn’t have either of these powers is to guard against totalitarian rule from Washington. All hail Czar Chertoff! (Those who don’t salute will be blacklisted).

Dec 13 2006

Targeting the Automated Targeting System

The DHS has been illegally operating a scheme for at least four years that assigns a terrorist risk assessment score to any American who crosses the border by air; and retains all the data used to generate the score for 40 years. The “Automated Targeting System”, which DHS Chertoff has described as “righteous”, has been operating illegally for several years, despite a specific ban by Congress on any and all risk assessment scoring on US citizens.

The time to speak out against this illegal, un-American program is now. DHS is trying to paper-up it’s illegal scheme by publishing a notice in the Federal Register.

We’ve set up an easy way for you to submit your comments without having to navigate the Byzantine labyrinth that is the Federal Register. Simply click here to be taken to a user-friendly submission form.

The comment period closes December 29th, so now is the time to have your say.

Dec 05 2006

DHS dismisses the right to travel

Rejecting the objections raised in comments by the Identity Project and others, the DHS Bureau of Customs and Border Protection has ordered that all travelers between the USA and Canada, Mexico, or other countries in the Western Hemisphere, where passports weren’t previously required, will have to present current valid passports to enter or leave the USA by air or sea, effective January 23, 2007.

“Your papers, please!”

Orders applying the same requirement to travel by land across the U.S. borders will follow, no later than June 1, 2009.

In issuing its final rule and an updated (but still grossly inaccurate) assessment for the “Western Hemisphere Travel Initiative”, the CBP summarily dismissed all of our objections based on international treaties and human rights laws protecting the freedom to travel:

Comment

One commenter stated that the NPRM [Notice of Proposed Rulemaking] is contrary to U.S. obligations under international human rights law, free trade agreements, and U.S. statutes, including the International Covenant on Civil and Political Rights, the Charter of the Organization of American States, the North American Free Trade Agreement (NAFTA), and the NAFTA Implementation Act, because the rules restrict free movement of people in the Western Hemisphere.

Response

By requiring a valid passport as an entry document, DHS and DOS are not denying U.S. or non-U.S. citizens the ability to travel to and from the United States.

So I guess they mean that as long as they give us permission to travel, they can impose whatever restrictions they feel like on how, when, or where we are allowed to travel, or what papers we need to show them in order to get their permission?

Nov 22 2006

UK to publish National ID plan in December

The new UK Identity and Passport Service will publish an action plan for its RFID national biometric ID card scheme next month, and procurement will start next summer. ZDNet story, MK News.

Meanwhile, Prime Minister Blair spoke in support of mandatory ID cards, while the Tory opposition party pledged to abolish ID cards. The No2ID opposition organization is finding and opposing the new interrogation centres being created to administer the scheme. They also have some fine T-shirts and stickers.

Nov 04 2006

McPherson: “Why shouldn’t you have to show ID to vote in California?”

I received a political hit-piece today from one of the candidates for California Secretary of State. It says:

“When you rent a movie at the video store you have to show ID.
Why shouldn’t you have to show ID to vote in California?

     Secretary of State                             Debra Bowen
  Bruce McPherson wants                              is AGAINST
to require ID at the polls.                    requiring ID at the polls."

In case you had any doubt before, papers please! readers now know who to vote for.

And for Mr. McPherson, a clue: We shouldn’t have to show ID to vote, because some people who have a RIGHT to vote do not have an ID. You can’t take away their right to vote, just because they decline to have an optional ID card.

Clue #2: A mandate that every citizen must obtain an ID and present it to exercise their constitutional rights is, in legalese, a “licensing scheme” for imposing “prior restraint” on those rights. The process for obtaining those IDs is going to have to meet constitutional standards for prior restraints. It doesn’t even come close, today.

Addendum: Mr. McPherson lost the election.

Oct 23 2006

China to forbid anonymous blogging

Press reports say that China will no longer allow people to post to the Internet under pseudonyms without registering their “real name” with the government.

But that could never happen here. We all know that there is no requirement to register your real name or address with the government before being allowed to exercise any of the rights in the Constitution. At least those in the first two amendments. Right? Wrong.

Oct 14 2006

US Govt demands ID of all farm animals

The National Animal Identification System is a system by the US Department of Agriculture in which every farm is “registered” with the federal government and that every animal on every farm is tagged by some method, and has its movements tracked for life in a federal database. “These methods could include radio frequency identification tags, retinal scans, DNA, or others.” NoNAIS.org is a good source of information opposing the plan.

Just like TSA’s tracking program for humans, Registered Traveler, and the State Department’s chipping program for humans, RFID Passports, NAIS is “voluntary” now but planned to become mandatory. Various states, such as Texas, have already passed laws requiring farms to register for it. USDA is honest enough to admit its plan:

  • NAIS is currently a voluntary program. To ensure the participation requirements of NAIS not only provide the results necessary to maintain the health of the national herd but also is a program that is practical for producers and all others involved in production, USDA has adopted a phased-in approach to implementation. Although the draft strategic plan references mandatory requirements in 2008 and beyond, to date no actions have been initiated by USDA to develop regulations to require participation in NAIS.

No mandatory regulations have been “initiated”, but lots of other actions have been. Many small farmers have been threatened by state agriculture agents with big fines or the slaughter of their animals if they refuse to play along. And you can be sure that all the lessons learned about how to tag and track every animal will be re-applied to tagging and tracking every human.

May 09 2006

Alaska Says ‘No’ To REAL ID

Alaska struck the first legal blow in the fight against a national ID card by refusing to pass legislation to bring the state in line with REAL ID requirements.

The bill, SB-189, breezed through the state’s rubber stamp Senate before being killed by a duo of freedom-loving legislators in the House of Representatives.

Who are these heroes of the Bill of Rights? Front and center is Rep. Paul Seaton of Homer, a commercial fisherman and Chairman of the House State Affairs Committee. Through his leadership and by voting against fellow Republicans, Rep. Seaton killed SB-189 and beat back a last minute attempt to resurrect the bill by his party. The party paid him back by killing most, if not all of his own bills.

Assisting him in fighting-off REAL ID was Rep. Max Gruenberg of Anchorage, the former House majority leader when it was under Democratic control. Rep. Gruenberg worked across party lines to make sure that this piece of un-American legislation died on the vine.

The Identity Project is proud to have been involved in testifying before the State Affairs Committee and providing the information needed to make sure that the oppression of a national ID card never hits the shores of the Last Frontier.

Alaska has said ‘no’ to a national ID card: which other state will love freedom enough to follow in their footsteps?