DHS chief eases enforcement of new border crossing rules

Homeland Security Department Secretary Michael Chertoff touted the implementation of new border security rules Thursday, even as a growing number of lawmakers voiced criticism that the changes might cause delays and appear to violate the law.

Addressing new requirements that U.S. and Canadian citizens ages 19 and older present documents proving their identity and citizenship in order to enter the United States, Chertoff said compliance already has been high at the northern border and moderate at the southern border. The requirements are part of the Western Hemisphere Travel Initiative and went into effect Thursday.

Perhaps trying to blunt criticism from lawmakers and officials from border states, the department will not fully enforce the new rules for now, Chertoff said during a meeting with reporters. Instead, border agents will give travelers who do not have the correct documents a warning, still allowing them into the country without delay.

"We're going to be measured and smooth at how we implement this but we're moving in the direction of more security at the ports of entry," he said.

But Chertoff said travelers who do not have the proper documents eventually will be delayed from entering the country and put through secondary screening as border agents determine their citizenship. Stiffer enforcement could begin in as little as two weeks, but the exact timing will depend "on the facts we gather every day," Chertoff said. As of midday, no significant delays or backlogs were reported.

"We're monitoring it practically by the hour and we're going to do this as smoothly as humanly possible," he said. "We recognize we still need time to ease people into this."

Lawmakers have been skeptical that the rules can be fully implemented without problems. Indeed, 33 House lawmakers and 19 senators -- Democrats and Republicans alike -- sent Chertoff letters in recent days urging him to halt implementation of the new rules. They said the department's action appears to violate a recently enacted law that prohibits the Western Hemisphere Travel Initiative from being implemented until June 2009.

"We find it troubling that the DHS is trying to move forward in the interim with a plan to require proof of citizenship at the border prior to the successful implementation of a secure alternative to a passport," wrote a group of senators, led by Judiciary Chairman Patrick Leahy, D-Vt. "The new interim procedures are a recipe for long lines at our nation's border crossings and reduced flow of commerce with no clear increase in security."

House lawmakers added: "A recent Government Accountability Office report found that Customs and Border Protection, the agency charged with enforcing this new mandate, is lacking in resources, suffering from severe understaffing, and is simply unable to review and verify the influx of required documents without significantly increasing wait times and crippling legitimate trade and travel." Chertoff maintained that the new rules do not violate the recently enacted law and fall under the department's existing authority and discretion.