Since September the 11^th the US has introduced a number of initiatives to tighten border controls. The emphasis is on a border management system that keeps pace with expanding trade “while protecting the United States and its territories from the threats of terrorist attack, illegal immigration, illegal drugs, and other contraband”. Border controls are also envisaged as being grounded on two principles, first, that America’s air, land, and sea borders must provide a strong defence for the American people against all external threats, most importantly international terrorists but also drugs, foreign disease, and other dangerous items and second, that America's border must be highly efficient, posing little or no obstacle to legitimate trade and travel.

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Since September the 11^th the US has introduced a number of initiatives to tighten border controls. The emphasis is on a border management system that keeps pace with expanding trade “while protecting the United States and its territories from the threats of terrorist attack, illegal immigration, illegal drugs, and other contraband”. Border controls are also envisaged as being grounded on two principles, first, that America’s air, land, and sea borders must provide a strong defence for the American people against all external threats, most importantly international terrorists but also drugs, foreign disease, and other dangerous items and second, that America's border must be highly efficient, posing little or no obstacle to legitimate trade and travel.

As part of this work the US signed a  "Smart Border Declaration" with Canada in December 2001. A 30-point Action Plan was agreed between the countries. The Action Plan includes provision for joint development of common documentation such as permanent resident cards, and other travel documents to ensure security. This includes a basic identification card for permanent residents with a biometric identifier.  The Action Plan also includes an agreement to screen asylum seekers and refugees for security risks, and to share information on claimants, to negotiate a safe third country agreement (see 8.12 - International Co-operation on Migration) and jointly review visa waiver lists. The plan furthermore includes the sharing of passenger information on flights between the two countries and exploration of means to identify security risks of persons arriving in each country on international flights. It also includes an agreement on bringing into force counter-terrorist legislation; technical assistance to source and transit countries; exchange of fingerprints; addressing legal and operational obstacles to removing persons and encouraging third countries to accept their nationals.

In March 2002 a border agreement was signed with Mexico.  The "Smart Borders and Border Security Agreement" includes a Border Partnership Action Plan. The Action Plan covers long-term planning for a coordinated physical and technological infrastructure that keeps pace with growing cross-border traffic between the US and Mexico and plans to harmonise port of entry operations at adjoining borders. It also includes provisions on saving and advising smuggled migrants as well as curbing people smuggling between Mexico and the US and Visa Policy Consultations and training to identify fraudulent documents as well as sharing of information on databases and enhancing co-operative efforts on the screening of third country nationals, taking into account possible security threats.

In the budget for 2003 the US government has included an increase in the Immigration and Naturalisation Service (INS now known as the Bureau for Citizenship and Immigration Services) budget for enforcement by 1.2 billion dollars to 5.3 billion dollars. The resources are aimed at enhancing homeland security, including border patrol, inspections, and the implementation of a technologically advanced system for monitoring the entry and exit of foreign visitors. Key goals for 2003 include: additional personnel at the INS with more than double the number of border patrol agents and inspectors on the northern border and an entry-exit tracking system to track the arrival and departure of non-US citizens. This is aimed at enabling more effective denial of access to individuals who should not have been authorised to enter the US and speed up the entry of routine, legitimate traffic.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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