Across the border

Answer to question about passport requirements at the U.S. border

June 19, 2009 · 60 Comments

A reader posted a question recently about that new passport requirement  for U.S. (and Canadian) citizens crossing the border from Mexico: What happens if you show up without your passport?  I thought it was a good a question because it got me wondering about possible repercussions. …Is it like when you get a speeding ticket? Are we talking jail time? Handcuffs?

I passed on the message to Vince Bond, a spokesman over at U.S. Customs and Border Protection, and he provided this helpful response, which he allowed me to re-publish here: 

Federal officers will not deny entry to any valid US citizen. Travelers may experience delays while CBP officers possibly refer them to secondary inspection so that their identity and admissibility can be positively determined.

Our officers have enforcement discretion to make the determination whether to allow a non-compliant traveler to proceed into the United States , with a written warning to obtain the proper travel documents, or to refer them to the secondary inspection area. The warning document explains that the traveler is not compliant with the requirements of the Western Hemisphere Travel Initiative (WHTI) and explains what documents are acceptable and how to obtain them. Lots of information about this process is on www.getyouhome.gov .

 We continue to encourage US citizens who cross the Canadian or Mexican land border to apply for and obtain a passport book, passport card, Sentri/Nexus trusted traveler card, or Enhanced Drivers License from participating states to facilitate their travel. I want to add that the overwhelming majority of traveling US citizens crossing the border already are WHTI compliant. Mexican travelers are unaffected by WHTI.”

Thanks to Vince for setting us straight.  Here is a screen shot from a file he sent me about the notice you might get if you show up at the border without your passport:


Picture 12

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60 responses so far ↓

  • MICHELLE // June 27, 2009 at 6:28 am | Reply

    I AM GOING TO TIJUANA BAJA CALIFORNIA MEXICO FOR THIS WEEKEND IN MY CAR AND I DO NOT OWN A PASSPORT YET CAN I CROSS BACK TO THE US WITHOUT GETTING TURNED BACK?? PLEASE SOMEONE INFORM ME>??? I ONLY HAVE A CA DRIVER’S LICENSE AND BIRTH CERTIFICATE.

  • acearley // June 29, 2009 at 6:16 am | Reply

    Hi, Michelle. Hope you had a chance to read the blog post about this topic (above). Did you have a nice trip to Tijuana?

  • mark // July 10, 2009 at 5:46 pm | Reply

    Delayed does that mean a few hours or a few days? I have a passport, divers license, birth certificate to back

  • acearley // July 10, 2009 at 6:20 pm | Reply

    HI, Mark. If you have a current, valid passport then you shouldn’t have a problem since you will be complying with the new requirements.

    Some people who show up without the passport – or with expired ones – may be sent over to to secondary. That means you may be there for 15 minutes – or longer – as they go over your documents and warn you to get your passport in order.

  • Oscar // July 11, 2009 at 11:40 pm | Reply

    hi everyone. I have crossed the tijuana border many many times without a passport. all they do is give me a non-compliant paper and tell me to get one fast. like i said i have crossed like 50+ times. they can not deny you entry to your own country.

  • Jasmine // July 15, 2009 at 4:44 am | Reply

    Do I need. Passport to go to tj I was born in california?

  • acearley // July 15, 2009 at 2:18 pm | Reply

    Hi, Jasmine. The U.S. government says you need a passport if you are a U.S. citizen coming back from Mexico. It would be a good idea to get one (I have had one since I was 18) . You want to be in line with the new regulations, though if you read the comments above there seems to be some flexibility for travellers along the border area. You might want to bring a copy of your birth certificate if you can’t get a passport in time.

  • Jasmine // July 15, 2009 at 9:36 pm | Reply

    Thanks yeah it’s a family emergency & I don’t have a chance to get one on time I’m leaving this Friday night.

  • acearley // July 15, 2009 at 9:53 pm | Reply

    Hi, Jasmine. Sorry to hear about the emergency. Let me know your border-crossing experience when you get back.

  • Jasmine // July 15, 2009 at 10:19 pm | Reply

    Yeah,I’ll let you know how it went ,you think school ida can help to show proof too?

  • acearley // July 16, 2009 at 9:44 pm | Reply

    Not sure that a school ID is going to be a convincing document, but try it – and write about it!

  • Priscilla // July 21, 2009 at 8:57 pm | Reply

    Do you get a ticket if you do not have a passport??

  • acearley // July 21, 2009 at 9:46 pm | Reply

    They are handing out these “noncompliant” flyers (see screen shot above) , but I wouldn’t call them a ticket because they don’t come with a fine.

    It sounds as if they are giving warnings to people without passports and in some cases sending them over to secondary inspection for additional scrutiny.

  • Justin // July 29, 2009 at 5:29 pm | Reply

    I really want to go to Vans Warped Tour on Friday. I live in windsor and the concert is in detroit. Im 17 and i only have a birth certificate and drivers liscense, non enhanced. I will be taking the bus across, do you think they will reject me at inspection? If so what will happen?

  • Hansen // August 5, 2009 at 11:59 pm | Reply

    Hi Anna, I will be going down to Ensenada this weekend with two friends who will only have a drivers license and birth certificate. I will report back on our border crossing experience. Since we are all younger looking, I’m expecting to have to go to secondary (hopefully not for long). Hope all is well!

  • acearley // August 6, 2009 at 3:28 am | Reply

    Hi, Hansen. Sounds like a perfect case study. Please do provide an update – I look forward to hearing what happens at the border with you guys. Should be an adventure – have fun in Ensenada!

  • Liz // August 12, 2009 at 8:13 am | Reply

    This gives me hope! We are in the prosses of getting our passports, but we don’t have them yet and are going this weekend. I’m not so afraid anymore!

  • Hansen // August 12, 2009 at 5:02 pm | Reply

    Unfortunately the two people without passports canceled last minute so the other three of us all had passports. Sorry that I couldn’t get an update for everyone. I still think there would be very little problems.

  • acearley // August 13, 2009 at 9:09 pm | Reply

    Hi, Hansen, Too bad the little experiment went wayward. Thanks for the update!

  • chris // August 14, 2009 at 5:01 am | Reply

    I cross 2-3 times a week without a passport with just an ID and birth certificate. I have never been sent to secondary and just tell them the state will not issue me one currently. No problems at all.

  • chris // August 14, 2009 at 5:03 am | Reply

    please add the state dept. I also have a couple of friends who refuse to bring/show passports on constitutional grounds. This is a stupid rule not a law might i add and does nothing to stop illiegal immigrants or terrorists.

  • acearley // August 14, 2009 at 5:06 am | Reply

    Hi, Chris. That’s really interesting, and it echoes what Oscar said earlier in this comment section.

    Thanks so much for adding your information. I think it will be very helpful for people trying to figure out what to do if they don’t have a passport.

  • Olivia // August 17, 2009 at 4:47 pm | Reply

    Hello :) Iam suppose to be going to Reynosa, Mexico on Labor Day weekend for school shopping. ( i get all my school clothes in mexico) , but i have a passport. the thing is iam bringing along a friend who doesn’t have a passport. She is the same age as me 17, and she doesn’t have a drivers license, so what can she show to get across the border? Also, we will cross the border about twice while down there to go shopping in the valley, also. any information would help! thank you!

  • acearley // August 17, 2009 at 5:44 pm | Reply

    Hi, Olivia. Your question is interesting. According to requirements by the U.S. government on this web site – http://travel.state.gov/travel/cbpmc/cbpmc_2223.html – U.S. citizen children UNDER THE AGE OF 16, can continue crossing the land port using a birth certificate (or naturalization document).

    Children under the age of 19 can also still use a birth certificate to travel by land from Mexico IF THEY ARE PART OF SOME SORT OF FORMAL GROUP (i.e. a school group, sports team, etc…): http://www.cbp.gov/xp/cgov/travel/vacation/ready_set_go/land_travel/

    That appears to signify that you and your friend fall under the new document requirements. That means (most typically) a U.S. passport.

    That said, based on the comments that people have left on postings on this subject, it appears that the U.S. government is exercising flexibility in the matter. Some people appear to still be using their birth certificate copies, if anything.

    This is a classic example of how “requirements” don’t always work in reality due to the huge flow of people crossing the border.

    The fact that others are getting through without a passport, however, doesn’t guarantee that your friend will make it through ok. You might want to ask someone in the U.S. government, though they will probably recommend your friend get a passport . Unfortunately, I’m not finding a good number for your specific question. Here’s a general number for Customs and Border Protection:
    1-877-CBP-5511.

  • Tony // August 18, 2009 at 10:55 pm | Reply

    i dont have a passport, and will be going to mexico on sept. 3rd and will return the 8th, now if i bring my birth certificate, D.L., a utility bill, and all the info is matching up and i am for sure a us citizen. what can they do? can they really not let me into my own country, and then what should i pitch a tent or just live in mexico??? what do you think?? thanks!

  • acearley // August 18, 2009 at 11:26 pm | Reply

    Hi, Tony. Thanks for writing in.

    Yes, I think that they realize that there’s only so much they can do and they are trying to educate people as they cross the border without a passport.

    Sounds like you are being smart to bring those documents as back-up. In the meantime, it would be a good idea to get your passport. They are good for ten years and you never know when you might have an urge to go to Bogota, or Paris or Marrakesh…

    Have a good trip, and write back to share your border-crossing experiences here.

  • Tony // August 19, 2009 at 6:26 pm | Reply

    thank you for writing back so fast, and trust me i will let you know exactly what happend when i get back. but i think i will bring a tent just in case. lol

  • Daniel // August 19, 2009 at 8:55 pm | Reply

    Hi, i crossed the mexicali border back in june without my passport, i got a non-compliant letter. to this day i still have not applied for a passport, but last minute family want to go to ensenada, what happens if i go and have already been warned? You think i might just get another warning?

  • acearley // August 20, 2009 at 2:50 am | Reply

    Hi, Daniel. Get your passport! You can download the application here: http://travel.state.gov/passport/passport_1738.html

    In the meantime, it appears that some people who have left messages in this forum (and another one on this blog) have been going back and forth without problems. This doesn’t meant that the government won’t start cracking down more closely on repeat offenders one of these days. If you end up going again, post another message here to share your experience…

  • tony r // August 22, 2009 at 9:25 pm | Reply

    My friend applied for a passport but on hold because of child support, do you know if they would lift the hold?

  • acearley // August 25, 2009 at 5:15 am | Reply

    Hi, Tony. That’s a difficult question for me to tackle here. I have no idea…he would have to ask the feds himself. Sorry I can’t be of more help. Anna

  • AHTA // September 2, 2009 at 10:57 pm | Reply

    hi, i have a passport; however, i lost it but have not reported it lost. (which i have to do, by the way lol) I am a U.S, Citizen so upon reading everything on here i’m sure i’ll be fine. But i have a question regarding residents. What if you have a residents card (green card) can residents still go back in to the U.S. with lets say.. just a green card, driver’s License, proof of address/work, etc? please get back to me thanks!!

  • acearley // September 5, 2009 at 2:02 pm | Reply

    Hi, AHTA.
    Hope you get your new passport soon!

    The way I read the passport rules is that it only applies to U.S. citizens. So that would mean that the old rules would apply to anyone else.

    Here is an explanation from 2008. It mentions those with permanent resident cards: “Lawful Permanent Residents may continue to present their Form I-551, Permanent Resident Card.”

    Read more here: http://www.dhs.gov/xnews/releases/pr_1200677666905.shtm

    But you should call the U.S. government to make absolutely sure. Try Customs and Border Protection:
    1-877-CBP-5511.

  • Cassi // September 7, 2009 at 2:47 pm | Reply

    I have an odd situation. I came to Canada two years ago when there was no passport requirement for land travelers. On the 15th of this month, my husband and I are traveling back to Louisiana. He has a valid passport and is a Canadian citizen. I am an American citizen but I don’t have a passport. I never needed one before and don’t have time to get one before I leave because to get one at the office in Vancouver I need an appt. I have my birth certificate, driver’s license, and social security number. I spoke to a border official and she told me that they wouldn’t keep an American citizen out of the country as long as I can prove my citizenship. Do I need to call back and leave my information and get the person’s name to give to the border officer when I cross the border? Also, is there a chance or Greyhound refusing to let me on the bus or forcing me off before we get to the border if I don’t have a passport but I have my other documents?

  • acearley // September 8, 2009 at 5:37 am | Reply

    Hi, Cassi.That’s good that you talked with a border specialist, because that’s what I was going to suggest you do ( Customs and Border Protection:
    1-877-CBP-5511.)

    My only advice would be to bring all the documentation you mentioned. With all the background check capabilities they have at the border, they should be able to verify your citizenship. Best, Anna

  • Tony // September 8, 2009 at 8:19 pm | Reply

    Hey Anna,
    well i just got back from my vacation to San Filipe and had a blast. Check this out, all the stress and worry over not having a passport, for nothing. they let me right back over no questions asked. so i stopped at a jack in the box and ask two border patrol agents whats up with all of this… you know what they told me? they said that they cannot and will not deny any U.S. citizen entry back into the states. they said its in the constitution. they said “if you just have an I.D., you will just go to secondary and be questioned.” thats it!, they said that the passport is preffered but not “REQUIRED” its a bunch of media B.S. even they said it got alot of money moving for people were so scared to not have a passport. bottom line your a real citizen your aloud back home.
    thanks,
    Tony

  • Chris // September 9, 2009 at 9:28 am | Reply

    I cross 2 -4 times a week at the san ysidro crossing with nothing but my DL and birth certificate.

    If your a US citizen you have nothing to worry about its a new rule not a codified law.. The consititution forbids keeping a citizen from returning. Yes got sent to secondary once but that was within the 1st week of the new policy.

    Furthermore its a dumb rule it will not stop terrorists or border jumpers.

  • joanna // September 11, 2009 at 3:45 am | Reply

    hi i am thinking of sending my 4year old to mexico on the 18th does he need a passport to enter mexico? i requested one for him but its going to take about 2 more weeks, and his grandparents really want to leave by the 18th they are traveling by bus. Do you need one to enter mexico?

  • acearley // September 12, 2009 at 9:36 pm | Reply

    Hi, Joanna. i’m on vacation right now and not really checking on the blog from where I am. I think there is a web link address in one of the previous comments on this post that answers your question. It says that U.S.-born kids under the age of 16 can still cross using their birth certificates or naturalization documents.

  • MAGDA // September 13, 2009 at 4:06 pm | Reply

    WHY DO I HAVE TO SPEND MONEY TO OBTAIN A PASSPORT WHEN MY KIDS WHERE BORN HERE AND THEY ARE COMMING BACK TO THEIR PLACE OF CITIZENSHIP, I THINK A OFICIAL I.D. SHUOLD BE OK, I TELL YOU WHY IM A SIGLE PARENT WITH 4 KIDS BORN HERE RIGHT NOW DONT HAVE A JOB YOU THINK I WILL SPEND THE MONEY ON PASSPORTS RSTHER FOOD OR HOUSING PLEASE ATLEAS MAKE A PROGRAM WHERE FEES CAN BE AFFORTABLE TO LARGE FAMILIES. AND WHY DOESNT MEXICO IS SMART AND START ASKING FOR PASSPORT TO ALL US CITIZENS VISITING MEXICO I BET YOU A LOT OF CRIMINAL WOULD BE CUT CROSSING THE BORDER TO MEXICO RUNING FROM US POLICE BE SMART INVEST IN THOSE ACTIONS NO CHINGEN AL POBRE LIKE ALLWAYS.

  • acearley // September 17, 2009 at 5:48 am | Reply

    Hi, Magda. You bring up a good point regarding the cost of obtaining a passport, especially for large families.

    I am sorry to hear that you are struggling financially. I know that a lot of others are in the same position with the economy in such bad shape and I hope that things turn around for you soon.

  • Tobbie // September 29, 2009 at 2:25 pm | Reply

    What is the status with crossing back without a passport? Are they still letting one pass with just a birth certificate and i.d.?

  • acearley // September 29, 2009 at 2:38 pm | Reply

    Hi, Tobbie. It seems as if some people may be pulled over to secondary inspection area for additional questioning and others are being given a flyer explaining the new rules. I haven’t heard of anyone being kept from returning…but I would play it safe get a passport as soon as you can. You might want to read the comments left by others on this post to get some additional perspectives.

  • MInIm3 Briean // October 3, 2009 at 3:06 am | Reply

    uhh…yes i’d like to know if u can still pass w/o a passport you might be aware that the Fiestas Del Sol just began today while i write this msg….and i rlly want to see a band play on Fri.9 Oct. my niece will come w/ me too she niether has a passport because her mom has one and thats enough w/ that she said but i dont have one and would like to know if we can go or would we have to stay in a hotel and go in the morning to not make it suspicious or what i rlly ”need” help plz!….ty for your time if you read plz respond i will check back by tomarrow and the 5th or 6th ty.

  • cristina // October 5, 2009 at 7:05 pm | Reply

    I am a US Permanent Resident and have a green card, but I do not have a passport. I can return to the US using just my Permanent Resident Card, but I am not sure what the requirements are for getting into Mexico. I do not have a passport! Do they check for passports if you walk across the border into Tijuana?

  • acearley // October 7, 2009 at 5:50 am | Reply

    HI, MInIm3 Briean. You might want to check out this blog post: http://acrosstheborder.wordpress.com/2009/09/24/readers-responses-to-u-s-passport-regulations-at-the-border/

    I can’t give you any recommendations since I don’t work for the U.S. government. They will say you need your passport, but apparently people are still crossing without the passports.

    When and whether they choose to enforce this more strictly will be up to them.

  • acearley // October 7, 2009 at 5:53 am | Reply

    Hi, Cristina. I have never been asked to show my U.S. passport at the border over the past ten years I have regularly travelled into Tijuana. I may not know the exact rules, but Mexico WANTS people to travel along the border areas. Requiring a passport to go into Tijuana would deter that.

  • Martin // October 9, 2009 at 3:02 am | Reply

    Hi, my durther is going to school in Ensenada
    I go every week, geting back in to US the booth person told me that I was breaking (sorry) a federal and state law, “I wish they put him to work with pappers not people”
    Do you know where are those laws to read and know about?
    Thank you

  • acearley // October 9, 2009 at 5:45 am | Reply

    Hmmm. Sounds like it’s time to get a passport, Martin. In the meantime, you ask a good question as to the technicality of this being a law/regulation/whatever else.

    According to the government website, “The Western Hemisphere Travel Initiative is a result of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA), requiring all travelers to present a passport or other document that denotes identity and citizenship when entering the United States.”

  • monching // October 13, 2009 at 7:12 pm | Reply

    i am set this weekend to check out rosarito. i have a greencard. i understand that the new passport requirement applies to US citizen only. Now my question is do i have to show a passport when i enter Tijuana??

  • lotlot // October 13, 2009 at 11:50 pm | Reply

    one more thing we are gonna stay at rosarito beach hotel we are 11 people.. some of our friends are concerned with safety..we are jas planning to check out the lobster village and papas&beers at nyt..

    do we have to be alarmed with security???

  • acearley // October 14, 2009 at 5:39 am | Reply

    Response to question about documents to enter Tijuana: To be honest, I have never been asked to show my U.S. passport when I enter Tijuana or when I’ve travelled around Tijuana. However, TijuanaMexicoinsider.com writes that Mexican immigration officials have started to inrease their enforcement. http://www.tijuanamexicoinsider.com/mexico-tourist-and-visa-permits.asp

    I plan on looking into this and asking around some more, but that’s your immediate answer.

    Answer to question about safety in Rosarito: I guess it depends on who you talk to. A recent contributor to this blog who had a problem in Rosarito would probably tell you to stay away. I was in Rosarito a few weeks ago at the Sand Castle Competition and everything looked ok to me. I haven’t had a problem traveling (and living) south of the border over the past decade, which isn’t to say that something can’t happen. When I was a reporter I wrote stories about bad things that happen to people in border cities, but in most cases – not all – they were involved with criminal groups. My typical advice is to keep on your toes. Don’t buy drugs from anyone, and get out of the way of caravans of cars with sirens that are traveling quickly through the streets.

  • Horacio // October 21, 2009 at 10:11 am | Reply

    Hi, I was wondering if you can give me some advice on my situation? I am a naturalized citizen, I lost my US citizenship certificate. I don’t have any information that was on the certificate, therefore when I attempted to apply for another certificate I didn’t have all the necessary information. There are questions on the application that ask for a certificate number and the day i entered the US. etc etc etc and I don’t have any of that information. I really need a new certificate because I cannot apply for a passport without one. I don’t want to leave anything blank on the application or give some info that is not correct because it costs over $400 to apply for a new certificate and i don’t want to lose that money. One of the requirements on the application says it should be filled out completely. What do you suggest I should or can do?

  • acearley // October 22, 2009 at 6:48 pm | Reply

    HI, Horacio. This is really out of my area of expertise. It seems as if your information should be in some computer system somewhere out there. I would suggest you contact your local immigration office to see if they can help you. I”m sorry I can’t give you a better answer. Good luck with your search. Anna

  • kate // October 30, 2009 at 2:25 am | Reply

    Hey! Ok, so I live in Canada, and went to mexico last year, My parent had misplaced my passport when I was little, so we got a new one, we didnt have to fill out a police report or anything. I myself lost my new passport, and havent reported it lost yet, butim going to, and then I want to go to the passport offce with it and apply for a new one, im freaking out because im going to mexico again in about two and a half months. The passport also had the 5 year thing on it. Do you think it would be denied? please help! Im so scared!!

  • Bettye // October 30, 2009 at 3:55 pm | Reply

    I’m going across the border into Tijuana today after work. I have my birth certificate and Driver’s License. I’ll let everyone know how my experience went later on. :)

  • acearley // November 3, 2009 at 6:12 am | Reply

    Thanks, Bettye. I look forward to hearing how it goes – and I’m sure other readers would, too.

  • acearley // November 3, 2009 at 6:14 am | Reply

    Hi, Kate. I don’t have enough information to suggest what you should do. I’m not clear if you are a Canadian citzen or U.S. I’m not sure what you mean about the “five year” thing, either…Sorry I can’ t be of more help. Anna

  • kate // November 4, 2009 at 11:53 pm | Reply

    hey! Ok yes I am a canadien citizan, and my passport is valid for5 years, so if i wanted to get a new one within the five years id hae to bring in the old one…should i bring in a police report saying i lost it instead? (to make the old one not valid, thus not being refused a new passport)

  • acearley // November 5, 2009 at 3:01 pm | Reply

    Hi, Kate. You might want to check with your local Canadian consulate about this one. I don’t want to give you any bad advice. I’m aware that U.S. citizens have made it through the land border ok without their passports, but am not aware of what that means for other countries.

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