Restriction on American travelers faces fight at northern border

WASHINGTON (CNN) -- The Secretary of Homeland Security said Thursday that he is committed to ending a centuries-old practice that allows United States citizens to cross U.S. land borders simply by saying they are Americans.

Politicians representing northern border states have fought the change, scheduled to take effect January 31.

But Secretary Michael Chertoff said the current practice of accepting "oral declarations" of citizenship undermines efforts to thwart terrorism and illegal immigration.

"Under the current system, some travelers may enter the United States simply by saying that they are Americans," Chertoff wrote in a letter to Sen. Patrick Leahy, D-Vermont.

"It simply defies logic that during a period in which the department is using every weapon in its arsenal to increase enforcement against illegal immigration, we should continue a practice that allows certain people to enter our country based solely on their word," Chertoff wrote. "Frankly, the only aspect of this change that is reasonably open for debate is why we waited so long to implement it."

Chertoff said border officers found 1,517 false claims of U.S. citizenship in the past three months, including a person wanted in California for homicide. That person was arrested.

"We do not know how many false oral declarations we miss," Chertoff wrote.

Beginning January 31, citizens of the United States and Canada must present proof of citizenship, such as a birth certificate, and a government-issued ID, such as a driver's license, when entering the United States at land border crossings and sea ports.

Some border state lawmakers oppose the change, saying it will disrupt travel and violates the intent of a recent law that postpones until June 2009 a requirement that border crossers have passports or a select number of other government-issued documents.

Chertoff, however, says that an older law allows him to impose the birth certificate requirement now. Leahy responds that the requirement "adds nothing to our security while costing Vermont and our national economy billions in lost commerce."

"The looming requirement for birth certificates at the Northern Border is poorly planned, and with concerns about a recession on the way, the timing for clamping down on billions of dollars in trade and travel could not be worse," Leahy said. "I can think of nothing that would push the Northern Border states over the edge more surely than this heavy-handed, ill-timed and misguided government mandate.

"For no good reason, they are creating another major hassle for law-abiding citizens and communities all across the longest peaceful border in the world."

Leahy said the numerous arrests of people falsely claiming U.S. citizenship is "an indication that [border officers] are doing their jobs and doing them well."

"Now, because of the agency's own mismanagement, Secretary Chertoff wants to impose confusion and delays at the Northern Border by eliminating the discretion of border patrol agents to accept oral declarations, and to use their training and skills to identify risks that no pieces of paper could catch," he said.

Business representatives told CNN they fear the effect of the 2009 passport requirement, but do not expect the January 31 change to be significant, if border authorities exercise some discretion, as Chertoff has promised.

Despite its restrictions, the January 31 change will not stop border crossers without credentials.

"Most people believe they already need a driver's license or some form of identification," said Sarah Hubbard of the Detroit Regional Chamber. "They can't fathom the fact that right now, you don't need anything."

"At the end of the day, my understanding is the U.S. Constitution is always going to allow a U.S. citizen to come into the U.S.," she said, and federal officials acknowledged that was true.

There will always be instances when people arrive at the border without identification, officials said. But border officials said travelers will be swayed by the convenience that appropriate IDs bring.

Left unsaid: Travelers will also be swayed by the inconveniences they'll face when they don't have appropriate identification. E-mail to a friend

All About Border Control and Customs