May I See Your Papers Please? DHS governs permission to enter and leave the US

Even then, that $$$ is small potatoes.

WELCOME TO MY WORLD but add K-1 J-1 XYZ VISAS and work cards and greencards and marriage certificates and by god they'd better have the right combination of maiden and married names on them and by the way you don't even have to leave the country for us to kick you out for good we can just decide we don't like you and you better be able to prove to us that you love your husband for realz. how? thats your problem.

that said, it really surprised me when i found out that americans only need a birth certificate to go to canada or mexico. i mean, they are other countries, right? isnt that the point of a passport? its a national thing not a continental thing, right?

these days all we have are the two halves of the camel and a pile of straw in the middle.

51st and 52nd states, amirite? (I kid because I love.)

The federal government disclosed details yesterday of a border-security program to screen all people who enter and leave the United States, create a terrorism risk profile of each individual and retain that information for up to 40 years.

The details, released in a notice published yesterday in the Federal Register, open a new window on the government's broad and often controversial data-collection effort directed at American and foreign travelers, which was implemented after the Sept. 11, 2001, attacks.

While long known to scrutinize air travelers, the Department of Homeland Security is seeking to apply new technology to perform similar checks on people who enter or leave the country "by automobile or on foot," the notice said.

The department intends to use a program called the Automated Targeting System, originally designed to screen shipping cargo, to store and analyze the data.

"We have been doing risk assessments of cargo and passengers coming into and out of the U.S.," DHS spokesman Jarrod Agen said. "We have the authority and the ability to do it for passengers coming by land and sea."

In practice, he said, the government has not conducted risk assessments on travelers at land crossings for logistical reasons.

"We gather, collect information that is needed to protect the borders," Agen said. "We store the information we see as pertinent to keeping Americans safe."

...

Each traveler assessed by the center is assigned a numeric score: The higher the score, the higher the risk. A certain number of points send the traveler back for a full interview.

The Automated Targeting System relies on government databases that include law enforcement data, shipping manifests, travel itineraries and airline passenger data, such as names, addresses, credit card details and phone numbers.

The parent program, Treasury Enforcement Communications System, houses "every possible type of information from a variety of federal, state and local sources," according to a 2001 Federal Register notice.

It includes arrest records, physical descriptions and "wanted" notices. The 5.3 billion-record database was accessed 766 million times a day to process 475 million travelers, according to a 2003 Transportation Research Board study.

In yesterday's Federal Register notice, Homeland Security said it will keep people's risk profiles for up to 40 years "to cover the potentially active lifespan of individuals associated with terrorism or other criminal activities," and because "the risk assessment for individuals who are deemed low risk will be relevant if their risk profile changes in the future, for example, if terrorist associations are identified."

DHS will keep a "pointer or reference" to the underlying records that resulted in the profile.

The DHS notice specified that the Automated Targeting System does not call for any new means of collecting information but rather for the use of existing systems. The notice did not spell out what will determine whether someone is high risk.

But documents and former officials say the system relies on hundreds of "rules" to factor a score for each individual, vehicle or piece of cargo.

According to yesterday's notice, the program is exempt from certain requirements of the Privacy Act of 1974 that allow, for instance, people to access records to determine "if the system contains a record pertaining to a particular individual" and "for the purpose of contesting the content of the record."

perhaps "Vasha boomaga"

If the Feds can't even keep track of the Apollo 11 transmission tapes, how much you wanna bet that this info will get forgotten, left out in the rain, etc.

All US police to get access to international travel records?

This just in from the “All international travelers are suspected terrorists” department:

In response to questions (see the video at approx. 37:00-38:30) from members of a House Homeland Security subcommittee during a hearing yesterday, DHS Deputy Counter-Terrorism Coordinator John Cohen said that, as part of the Orwellianly-named “Secure Communities” program, local police will soon be receiving the result of a check of DHS international travel logs, automatically, for every person arrested anywhere in the US for even a minor offense. Local police will be able to run checks of travel recrods for “nonoffenders” — innocent people — as well.

According to one report:

Under the forthcoming plan, authorities will be able to instantly pull up an offender’s or nonoffender’s immigration records and biometric markers, he said. The government already is able to vet visitor records from multiple databases for national security and public safety threats, Cohen added.

“So, today, if someone is arrested for any type of offense, part of the query that will take place will be an automatic check of immigrations systems — it will be a check of TECS as well,” he said. “The chances are greatly enhanced that today if somebody were to be booked on a minor drug offense or a serious traffic violation even, the person’s immigration status would come to our attention.”

Should the IRS control international travel by US citizens?

This week the US House of Representatives has been debating whether to accept a proposal, introduced by Sen. Barbara Boxer (D-CA) and already approved by the Senate, which would give the IRS extra-judicial administrative authority and mandate to prevent a US passport being issued or renewed, and to have any existing US passport revoked, for anyone alleged by the IRS to owe more than US$50,000 in “delinquent” taxes.

Since 2009, Federal law and regulations have forbidden US citizens from entering or leaving the US, even by land, without a passport. So if the proposal now in Congress is approved by the House and signed by the President, the mere allegation by the IRS of a delinquent tax debt will effectively constitute confinement of the accused within the borders of the US (if they are in the US at the time), or indefinite banishment from the US (if they are abroad), by IRS administrative fiat.

The State Department would have standardless administrative “discretion” to issue a passport to an accused tax delinquent “in emergency circumstances or for humanitarian reasons”, but would never be required to do so. And the State Department could use the offer of such a discretionary waiver, or the threat not to grant such a waiver, as a carrot and/or stick to induce the accused citizen to, under duress, waive their right to remain silent or other rights, pay a disputed tax bill (as a de facto “exit tax” of the sort the US used to protest when it was imposed by a Communist government on its citizens), “cooperate” with US spying, or do whatever else the government wanted.

What’s missing from this proposal, as from the rest of the State Department’s passport rules and procedures, is any recognition that travel is a right, not a privilege that can be granted or denied at the whim of the government. Under the First Amendment and international law, US citizens have a near-absolute right to leave the US (or any other country) and to return to the US.

The current proposal to ban international travel to or from the US by US citizens accused of “tax delinquency” is included in S. 1813, a generally-unrelated highway funding bill. S. 1813, including the provisions to deny passports to alleged tax delinquents, was approved by the Senate in March.

I'm cool with tax-dodgers not being allowed re-entry. They could go to Greece or something amirite

I hope you have your passport already, because it's going to be harder to get one...

After a year-long “review”, the White House on August 12, 2013, approved the State Department’s proposed new “long form” questionnaires for some (unspecified) subset of applicants for US passports:

Form DS-5513, “Supplemental Questionnaire to Determine Entitlement for a U.S. Passport”:

Form DS-5513 as approved (OMB Control Number 1405-0216)
Supporting Documents for Form DS-5513 (click on “all” at top of page for more details)
Form DS-5520, ” Supplemental Questionnaire to Determine Identity for a U.S. Passport”:

Form DS-5520 as approved (OMB Control No: 1405-0215)
Supporting Documents for Form DS-5520 (click on “all” at top of page for more details)
In approving these forms, the Office of Management and Budget (OMB) ignored overwhelmingly public outrage at these questionnaires, which ask such questions as:

- List all your parent(s) residences one year before your birth.
- Parent(s) place of employment at the time of your birth (Dates of employment, Name of employer, Address of employer).
- Did your mother receive medical care while pregnant with you and/or up to one year after your birth? (Name of hospital or other facility, Address, Name of Doctor, Approximate dates of appointments).
- Please provide the names (as well as address and phone number, if available) of persons present at your birth such as medical personnel, family members, etc.
- Please list any schools, day care centers, or developmental programs you attended from birth to age 18 in or outside of the United States.
- Please list all of your permanent residences inside and outside of the United States starting with your birth until age 18.

The proposed forms were slightly (but not significantly) revised by the State Department during the review by OMB. But there are still no publicly-disclosed guidelines for which passport applicants would be sent one or both of these “long forms”. We requested this information from the State Department more than two years ago under the Freedom of Information Act (FOIA), but the State Department has not yet responded to our request. (This is, we’ve been told, typical of the State Department’s failure to comply with FOIA deadlines.)

The State Department has also ignored our formal complaint that these conditions for passport issuance violate U.S. obligations as a party to the International Covenant on Civil and Political Rights, and our FOIA request for any records of what (if anything) was done with that complaint.

OMB declined our written request to meet with them to discuss our objections to the proposed forms. OMB policy is to meet with groups interested in its reviews of proposed regulations, but it doesn’t apply that policy to its reviews of proposed “information collections”.

In the course of the review by OMB, the State Department admitted that, as we had already reported, it has already been using these forms illegally.

But until the forms were approved (as they now have been) by OMB, the Paperwork Reduction Act (PRA) prohibited the State Department from denying anyone a passport or imposing any other penalties for failure or refusal to fill out these forms.

Now that these forms have been approved, objections to the denial of a passport on the basis of failure to complete these forms (or to do so to the satisfaction of the State Department) will have to be based on other grounds than the PRA. These objections may be more fundamental, but may also be more difficult to establish in administrative or judicial proceedings.

If you are a US citizen but are denied a US passport because you are unable or unwilling to answer these questions, or you are prevented from entering or leaving the USA because you don’t have a passport, we’d like to hear from you.

Disabled woman denied entry to U.S. after agent cites supposedly private medical details

Ellen Richardson went to Pearson airport on Monday full of joy about flying to New York City and from there going on a 10-day Caribbean cruise for which she’d paid about $6,000.

But a U.S. Customs and Border Protection agent with the Department of Homeland Security killed that dream when he denied her entry.

“I was turned away, I was told, because I had a hospitalization in the summer of 2012 for clinical depression,’’ said Richardson, who is a paraplegic and set up her cruise in collaboration with a March of Dimes group of about 12 others.

The Weston woman was told by the U.S. agent she would have to get “medical clearance’’ and be examined by one of only three doctors in Toronto whose assessments are accepted by Homeland Security. She was given their names and told a call to her psychiatrist “would not suffice.’’

that is srsly fucked up

AO audit confirms TSA shift to pre-crime profiling of all air travelers

A Congressional hearing last week on the so-called “Secure Flight” system for “screening” domestic air travelers confirmed that the TSA has completed a shift from blacklist and whitelist matching to a comprehensive real-time pre-crime profiling system that assigns each air traveler a “risk assessment” score on the four-step scale we’ve previously described and which is illustrated above in the latest GAO report.

Redacted versions of three audit reports on Secure Flight by the Government Accountability Office (1, 2, 3) were made public in conjunction with GAO testimony at the hearing. According to one of those reports, “Secure Flight” started out as a blacklist and whitelist matching system:

House passes bill to revoke passports for people involved with terrorists

The House passed legislation on Tuesday that would authorize the State Department to deny passports for people involved with terrorist groups like the Islamic State.

It passed easily by voice vote after just 15 minutes of debate.

The bill’s author, Rep. Ted Poe (R-Texas), said that allowing the Secretary of State to deny issuance of or revoke passports of U.S. citizens found to be supporting terrorists would help mitigate any plots to harm Americans.

http://www.travelandleisure.com/articles/drivers-licenses-new-york-domestic-flight-real-id

Starting in 2016, travelers from five U.S. states will not be able to use their driver’s licenses as ID to board domestic flights—a pretty major development considering an estimated 38 percent of Americans don’t have passports.

The standard licenses from New York, Louisiana, Minnesota, New Hampshire, and American Samoa are considered “noncompliant” with the security standards outlined in the Real ID Act, which was enacted back in 2005 but is being implemented in stages. Why are these specific licenses deemed sub-par? In these five states, getting a license doesn't require proof of citizenship or residency

There's a real obvious inaccuracy in there that's distracting me from the rest of the story.

fuckin hastings ruining it for everyone

that's insane

i do not have a valid passport at the moment

Lol plains

http://papersplease.org/wp/2015/12/09/no-passports-for-us-citizens-who-havent-paid-taxes-or-dont-have-a-social-security-number/

Buried in the Fixing America’s Surface Transportation Act (”FAST Act”) signed into law last week is an unrelated rider to provide for revocation of the passport and/or refusal to issue a passport to anyone against whom the IRS has assessed a lien or levy for $50,000 or more in tax debt, or who doesn’t provide a valid Social Security number.

Since a change in Federal regulations in 2009 eliminated the last exception for crossing land borders to or from Canada and Mexico, it is a violation of Federal law “for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport.”

This requirement for a passport can be “waived” at the “discretion” of the Department of State. But there is no right to a waiver, no formal procedures or standards for requesting such a waiver, and no apparent mechanism for judicial review of denial of a waiver.