Border Security
Consular Identification Cards Accepted within United States, but Consistent Federal Guidance Needed Gao ID: GAO-04-881 August 24, 2004Several state and local government agencies and financial institutions accept consular identification (CID) cards, which are issued by foreign governments to their citizens living abroad. Mexico issued more than 2.2 million CID cards in 2002-2003 and Guatemala issued approximately 89,000 from mid-2002 to 2003. Critics of CID cards say their acceptance facilitates the unlawful stay within the United States of undocumented aliens and may provide opportunities for terrorists to remain undetected in this country. GAO examined (1) the purpose of a CID card and how Mexican and Guatemalan CID cards are being used in the United States, (2) steps Mexico and Guatemala have taken to verify the identities of CID card applicants and incorporate security features in CID cards now used in the United States, and (3) the positions and policies of federal agencies regarding CID cards.
Consular identification cards are issued by some governments to help identify their citizens living in a foreign country. The cards do not certify legal residence within a country; thus, cardholders may be either legal or undocumented aliens. CID cards benefit the bearers by enabling them, in some instances, to use this form of identification to obtain driver's licenses, open bank accounts, show proof of identity to police, and gain access to other services. Mexico and Guatemala each take multiple steps to help ensure that the process for qualifying applicants seeking to obtain CID cards verifies the applicants' identities. After receiving criticism about the reliability of its CID card, Mexico took steps to improve identity verification procedures for its CID card issuance process. However, the Mexican issuance policy still relies on visual, rather than computer-based, verification of some documents used to obtain CID cards, including birth certificates that the Federal Bureau of Investigation (FBI) says may be fraudulently obtained. Both Mexico and Guatemala incorporate a variety of security features in their CID cards, such as holographic imagery. However, officials of the Department of Homeland Security's (DHS) Bureau of Immigration and Customs Enforcement warn that incorporating technical security features into identification documents such as CID cards does not guarantee their authenticity. Federal agencies hold different and, in some cases, conflicting views on the usage and acceptance of CID cards, and no executive branch guidance is yet available. A Homeland Security Council task force of executive branch agencies is reviewing identification document security but had not issued its findings at the time of GAO's review. The Department of the Treasury adopted a regulation in 2003 that, in effect, allows CID card acceptance, while an FBI official has stated that the Mexican CID card, in particular, is not a reliable form of identification and that its acceptance could support false identities. DHS expressed security concerns as well. The State Department has publicly expressed concerns about the impact restricting CID card use might have on U.S. citizens abroad, for example, if the United States had to issue its own CID cards in an emergency.
RecommendationsOur recommendations from this work are listed below with a Contact for more information. Status will change from "In process" to "Open," "Closed - implemented," or "Closed - not implemented" based on our follow up work.
Director: Team: Phone:GAO-04-881, Border Security: Consular Identification Cards Accepted within United States, but Consistent Federal Guidance Needed
This is the accessible text file for GAO report number GAO-04-881
entitled 'Border Security: Consular Identification Cards Accepted
within United States, but Consistent Federal Guidance Needed' which was
released on September 23, 2004.
This text file was formatted by the U.S. Government Accountability
Office (GAO) to be accessible to users with visual impairments, as part
of a longer term project to improve GAO products' accessibility. Every
attempt has been made to maintain the structural and data integrity of
the original printed product. Accessibility features, such as text
descriptions of tables, consecutively numbered footnotes placed at the
end of the file, and the text of agency comment letters, are provided
but may not exactly duplicate the presentation or format of the printed
version. The portable document format (PDF) file is an exact electronic
replica of the printed version. We welcome your feedback. Please E-mail
your comments regarding the contents or accessibility features of this
document to Webmaster@gao.gov.
This is a work of the U.S. government and is not subject to copyright
protection in the United States. It may be reproduced and distributed
in its entirety without further permission from GAO. Because this work
may contain copyrighted images or other material, permission from the
copyright holder may be necessary if you wish to reproduce this
material separately.
Report to Congressional Requesters:
United States Government Accountability Office:
GAO:
August 2004:
Border Security:
Consular Identification Cards Accepted within United States, but
Consistent Federal Guidance Needed:
GAO-04-881:
GAO Highlights:
Highlights of GAO-04-881, a report to Congressional Requesters.
Why GAO Did This Study:
Several state and local government agencies and financial institutions
accept consular identification (CID) cards, which are issued by foreign
governments to their citizens living abroad. Mexico issued more than
2.2 million CID cards in 2002-2003 and Guatemala issued approximately
89,000 from mid-2002 to 2003. Critics of CID cards say their acceptance
facilitates the unlawful stay within the United States of undocumented
aliens and may provide opportunities for terrorists to remain
undetected in this country.
GAO examined (1) the purpose of a CID card and how Mexican and
Guatemalan CID cards are being used in the United States, (2) steps
Mexico and Guatemala have taken to verify the identities of CID card
applicants and incorporate security features in CID cards now used in
the United States, and (3) the positions and policies of federal
agencies regarding CID cards.
What GAO Found:
Consular identification cards are issued by some governments to help
identify their citizens living in a foreign country. The cards do not
certify legal residence within a country; thus, cardholders may be
either legal or undocumented aliens. CID cards benefit the bearers by
enabling them, in some instances, to use this form of identification
to obtain driver‘s licenses, open bank accounts, show proof of identity
to police, and gain access to other services.
Mexico and Guatemala each take multiple steps to help ensure that the
process for qualifying applicants seeking to obtain CID cards verifies
the applicants‘ identities. After receiving criticism about the
reliability of its CID card, Mexico took steps to improve identity
verification procedures for its CID card issuance process. However,
the Mexican issuance policy still relies on visual, rather than
computer-based, verification of some documents used to obtain CID
cards, including birth certificates that the Federal Bureau of
Investigation (FBI) says may be fraudulently obtained. Both Mexico and
Guatemala incorporate a variety of security features in their CID
cards, such as holographic imagery. However, officials of the
Department of Homeland Security‘s (DHS) Bureau of Immigration and
Customs Enforcement warn that incorporating technical security features
into identification documents such as CID cards does not guarantee
their authenticity.
Federal agencies hold different and, in some cases, conflicting views
on the usage and acceptance of CID cards, and no executive branch
guidance is yet available. A Homeland Security Council task force of
executive branch agencies is reviewing identification document
security but had not issued its findings at the time of GAO‘s review.
The Department of the Treasury adopted a regulation in 2003 that, in
effect, allows CID card acceptance, while an FBI official has stated
that the Mexican CID card, in particular, is not a reliable form of
identification and that its acceptance could support false identities.
DHS expressed security concerns as well. The State Department has
publicly expressed concerns about the impact restricting CID card use
might have on U.S. citizens abroad, for example, if the United States
had to issue its own CID cards in an emergency.
Sample of Mexican CID Card:
[See PDF for image]
[End of figure]
What GAO Recommends:
GAO recommends that the Homeland Security Council direct its task
force to issue consistent guidance that would enable state and local
governments and other institutions to assess the authenticity of
foreign-issued CID cards. The Homeland Security Council declined to
comment on this report. The Department of Homeland Security generally
agreed with the report but offered some suggestions for clarifying the
administration‘s position and practice.
www.gao.gov/cgi-bin/getrpt?GAO-04-881.
To view the full product, including the scope and methodology, click on
the link above. For more information, contact Laurie Ekstrand at (202)
512-2758 or ekstrandl@gao.gov.
[End of section]
Contents:
Letter:
Results in Brief:
Background:
CID Cards Are Issued to Help Identify the Citizenship of Persons
Residing in a Foreign Country, and Some Institutions Accept Mexican and
Guatemalan CID Cards as Valid Identification:
Identity Verification Procedures and Security Features Vary, and Some
CID Cards May Not Ensure Cardholder's Identity:
No Consistent Federal Guidance for CID Card Usage or Acceptance Exists:
Conclusion:
Recommendation for Executive Action:
Agency Comments and Our Evaluation:
Appendix I: Objectives, Scope, and Methodology:
Appendix II: Status of Legislation Being Considered in the European
Union Related to Establishing Standards for Secure Identification
Documents:
Appendix III: References to Passports and to Consular Identification
Documents in Federal Statutes and Statutes of Selected States:
References to Passports in Federal Statutes:
References to Passports in Statutes of Selected States:
Appendix IV: Comments from the Department of Homeland Security:
GAO Contact:
Staff Acknowledgments:
Appendix V: GAO Contact and Staff Acknowledgments:
Tables:
Table 1: Types of Required Documentation for Obtaining a Mexican CID
Card:
Table 2: Mexican and Guatemalan CID Card Security Features:
Figures:
Figure 1: Mexican CID Card Issuance Process, as of January 2004:
Figure 2: The Guatemalan CID Card Issuance Process:
Figure 3: Sample of Laminated Mexican CID card:
Figure 4: Sample of High-Security Mexican CID Card:
Figure 5: Sample Guatemalan CID Card:
Abbreviations:
AAMVA: American Association of Motor Vehicle Administration:
CID: consular identification card:
DHS: Department of Homeland Security:
DMV: Division of Motor Vehicles (North Carolina):
EU: European Union:
FBI: Federal Bureau of Investigation:
ICAO: International Civil Aviation Organization:
ICE: Immigration and Customs Enforcement:
IFE: Federal Electoral Institute (Mexico):
ITIN: individual taxpayer identification number:
NILC: National Immigration Law Center:
SSN: Social Security number:
US-VISIT: United States Visitor and Immigrant Status Indicator
Technology:
VCCR: Vienna Convention on Consular Relations:
[End of section]
VWP: Visa Waiver Program:
United States Government Accountability Office:
Washington, DC 20548:
August 24, 2004:
The Honorable F. James Sensenbrenner, Jr.:
Chairman:
Committee on the Judiciary:
House of Representatives:
The Honorable John N. Hostettler:
Chairman:
Subcommittee on Immigration, Border Security, and Claims,
Committee on the Judiciary:
House of Representatives:
In recent years, a number of state and local government agencies and
financial institutions have begun accepting consular identification
(CID) cards issued by certain foreign governments as a service to their
citizens who, regardless of legal residence status, live in the United
States. For example, Mexico issued more than 2.2 million cards from
2002 through 2003, and Guatemala issued about 89,000 CIDs from August
2002 through December 2003. Argentina has begun a program in Los
Angeles to issue CID cards with new security features to its citizens,
while other countries, including Peru and Bolivia, are considering
issuing CID cards of their own. Critics of CID cards have argued that
acceptance of these cards facilitates and promotes the continued
unlawful stay within the country of undocumented aliens. Since the
terrorist attacks in 2001, some federal officials have also voiced
concerns that the continued acceptance of CID cards provides
opportunities to terrorists to remain undetected in the country and to
transfer funds that support terrorist activities.
Our review of CID cards addresses the following issues: (1) What is the
purpose of a CID card and how are Mexican and Guatemalan CID cards, in
particular, being used in the United States? (2) What steps have Mexico
and Guatemala taken to verify the identities of CID card applicants and
to incorporate security features in CID cards now being used in the
United States? (3) What are the positions and policies of key federal
agencies regarding the usage and acceptance of CID cards in the United
States?
In addition, we reviewed other aspects of domestic and international
CID card usage and related security issues, including (1) the status of
new legislation under consideration by European Union members to
establish standards for other types of secure identification documents
and (2) federal and state laws in selected states that refer to
passports or CID cards. This information is contained in appendixes II
and III, respectively.
To determine the purpose of CID cards and how Mexican and Guatemalan
CID cards are being used in the United States, we reviewed provisions
of the Vienna Convention on Consular Relations (VCCR), which, among
other things, governs consular services. We contacted the embassies of
eight countries (Bolivia, El Salvador, Guatemala, Honduras, Mexico,
Nicaragua, Peru, and Poland) to learn their plans for issuing CID
cards, which enabled us to determine that of these countries only
Mexico and Guatemala were issuing CID cards in the United
States.[Footnote 1] We selected the countries listed because they were
cited by federal, state, or local officials as countries that were
considering or planning to issue CID cards or currently issuing CID
cards in the United States. We interviewed officials in the Mexican and
Guatemalan embassies, selected police departments, and selected elected
officials to obtain their views on CID card acceptance and reviewed the
positions of U.S.-based financial institutions and nonprofit advocacy
and research organizations.
To determine steps Mexico and Guatemala have taken to verify the
identities of CID card applicants and to incorporate security features
in CID cards, we interviewed officials from the Mexican and Guatemalan
embassies and consulates, analyzed related documentation, observed the
Mexican consulate's issuance of CID cards at an offsite facility, and
interviewed the representatives of the company that manufactures the
Guatemalan CID card. We did not perform an evaluation of the Mexican
and Guatemalan CID card programs or security features.
To determine the positions and policies of key federal agencies
regarding the usage and acceptance of CID cards, we interviewed
officials from the Departments of the Treasury, Homeland Security
(DHS), Justice, and State, and reviewed congressional testimony by the
latter three agencies. We also reviewed regulations proposed and
adopted by the Department of the Treasury. We conducted our review from
July 2003 to June 2004 in accordance with generally accepted government
auditing standards. A more detailed description of our scope and
methodology is contained in appendix I.
Results in Brief:
CID cards are issued by some governments to help identify their
citizens residing in a foreign country. Possession of a CID card does
not certify legal residence within a country; thus, cardholders may be
either legal or undocumented aliens. CID cardholders in the United
States may derive benefits from the cards' acceptance for
identification purposes by financial institutions, law enforcement
agencies, and state and local governments in the United States. For
example, there are banks that have begun accepting CID cards for
opening bank accounts, some law enforcement agencies encourage their
use for identification purposes, and some local governments accept them
as identification required to obtain governmental services. In
addition, some states accept CID cards as a part of required
documentation for obtaining driver's licenses.
Mexico and Guatemala each take multiple steps to help ensure that the
process for qualifying applicants seeking to obtain CID cards verifies
the applicants' identities. After receiving criticism about the
reliability of its CID card, Mexico took steps to improve identity
verification procedures for its CID card issuance process. Prior to
January 2004, Mexican consular officials relied primarily on visual,
rather than computer-based, verification of source documents, such as
birth certificates or voter registration cards, submitted by CID card
applicants. These documents were not compared against other sources to
verify their authenticity or reliability when consular officials
believed them to be authentic. Beginning in 2004, Mexican consulates
can, in some instances, employ electronic verification of a CID card
applicant's identity. However, the Mexican issuance policy still relies
on visual examination for some documents that are accepted in its
issuance process. Guatemala's CID issuance process is based on the
country's passport database, which includes fingerprint verification
capability. The process has not been changed since it was established
in 2002. Both Mexico and Guatemala incorporate a variety of security
features, such as holographic images, in their CID cards. However,
officials of DHS's Bureau of Immigration and Customs Enforcement warn
that incorporating technical security features in identification
documents does not guarantee their authenticity and that knowledgeable
inspectors are essential for verifying documents such as CID cards.
The federal agencies we contacted hold different and, in some cases,
conflicting views on the usage and acceptance of CID cards, and no
executive branch guidance is yet available. A Homeland Security Council
task force of executive branch agencies is examining identification
document security issues including CID cards, but it had not issued its
findings at the time of our review or set a date for their release. The
Department of the Treasury adopted a regulation in 2003 pursuant to the
USA PATRIOT Act[Footnote 2] (P.L. 107-56) that, in effect, allows banks
to decide whether or not to accept CID cards as identification for the
purposes of opening an account or making other transactions. On the
other hand, a senior Federal Bureau of Investigation (FBI) official,
within the Department of Justice, has stated that the Mexican CID card
is not a reliable form of identification and that its acceptance could
support false identities, while a senior DHS official has also
expressed security concerns. A senior official of the State Department
has publicly expressed concerns about the impact restricting CID card
usage here might have on U.S. citizens abroad.
Without consistent information on the advisability of accepting CID
cards, states and local governments must make their own decisions on
whether to accept them, which may create uncertainty on the part of
aliens attempting to obtain services with the card, and heighten the
risk of these cards being used to establish false identities. We are,
therefore, recommending to the Homeland Security Council that it direct
its task force to develop and implement consistent guidance that would
reconcile potential conflicts among federal agencies and complete their
efforts to develop policy to enable state and local governments,
financial institutions, and others to assess the authenticity of CID
cards issued by foreign governments.
We provided a draft of this report for comment to the Homeland Security
Council, the Departments of State, Justice, Treasury, and Homeland
Security. The Homeland Security Council, State, Justice and Treasury
declined to comment on the report. DHS generally agreed with the report
and the need for developing appropriate standards for identity
documents and commended us for recognizing the critical security
aspects of CID cards. DHS said that CID cards should not be considered
of greater concern than other identity documents used in the United
States and that the administration has taken a clear position that CID
cards do not establish or indicate lawful U.S. immigration status. We
agree with both points. DHS officials provided us with additional
information on their efforts to enforce border security and verify the
identity of travelers to the United States. DHS also encouraged us to
provide greater context for the customary and historical use of CID
cards. We believe the report sufficiently addresses this issue in its
discussion of the legal basis for CID card issuance under international
treaty, the history of CID card usage, as well as the accepted and
legitimate uses of CID cards.
Background:
The VCCR is an agreement that governs consular relations among
approximately 165 nations. Under the VCCR, countries can conduct
various consular functions, such as issuing travel documents and
passports to their citizens. Consular registration--the practice by
which an individual may register with his or her consulate in a foreign
country--may assist consular officials in performing a variety of
consular services, such as locating missing citizens and determining
whether citizens are safe. According to the Department of State,
issuance of CID cards falls within the general scope of permissible
consular functions.
For more than 133 years, the government of Mexico has been issuing a
CID card, the Matrícula Consular to citizens living abroad.[Footnote 3]
As of June 2004, the CID cards are issued in the United States at 45
consulate office locations in 20 states and Washington, D.C. Consulate
offices may occasionally issue these cards at offsite locations, such
as community centers, throughout their jurisdiction. The government of
Guatemala began issuing its version of a CID card, called the Tarjeta
de Identificación Consular Guatemalteca, in the United States in August
2002.[Footnote 4] Guatemala maintains 8 consulate offices in 6 states
and Washington, D.C., and also occasionally issues CID cards at offsite
locations within the geographic area covered by the local consulate.
In October 2003, Argentina began a program to make CID cards with new
security features available to its citizens in the Los Angeles,
California, metropolitan area. As of May 2004, Argentina had issued
approximately 2,400 cards. Several other countries have expressed
interest in issuing their own identification cards to their citizens
living in the United States but as of late 2003 had not yet done so.
These countries include Bolivia, Peru, and El Salvador; Peru has
specifically cited the acceptance of the Mexican CID card in the United
States as a factor contributing to its interest in issuing a CID card.
CID Cards Are Issued to Help Identify the Citizenship of Persons
Residing in a Foreign Country, and Some Institutions Accept Mexican and
Guatemalan CID Cards as Valid Identification:
Countries May Issue CID Cards to Facilitate Consular Notification:
CID cards are issued to help identify the citizenship of persons
residing in a foreign country. While some consulates may issue CID
cards, these documents have no bearing on the cardholder's legal
residence status in the host country. Thus, CID cardholders can be
either undocumented aliens living in the United States or legal
residents. Under the terms of the VCCR, these cardholders, regardless
of their residency status, possess certain legal rights. For example,
U.S. law enforcement officials and others must advise a resident alien
who is arrested or otherwise detained in the United States of his or
her right to request that the appropriate consular officials be
notified of the detention without delay. Cardholders can, in turn,
alert federal, state, and municipal law enforcement authorities of the
need to notify consular officials when assistance is needed.
Some Banks, Law Enforcement Agencies, and Local Governments Accept
Mexican and Guatemalan CID Cards as Identification:
Austin, Texas, was one of the first areas in the country where a
financial institution accepted the Mexican CID card as valid
identification for opening a bank account, according to Mexican embassy
representatives. An official with the Austin Police Department told us
that in 2000 the department became concerned about the rate of
robberies committed against the Hispanic immigrant community. Members
of this community, which, according to the official, includes a large
number of undocumented aliens, may not report crimes to the police for
fear of deportation. After meeting with representatives of the Hispanic
community and the Mexican consulate, the police department determined
that robberies could be reduced if community members made greater use
of the U.S. banking system rather than keeping large amounts of cash at
home or on their person. In November 2000, the Austin Police Department
began contacting area banks to determine if they would accept the
Mexican CID card as identification for opening bank accounts. According
to this police department official, one bank operating in Austin agreed
to accept the card as valid identification in early 2001.
The Mexican embassy has reported that 160 financial institutions
nationwide now accept the Mexican CID card as proof of identity for
opening bank accounts. An official in the Guatemalan embassy told us
that that some banks are accepting the Guatemalan CID card as well.
Some reasons for financial institution acceptance of the Mexican CID,
in particular, were recently stated by a state banking association. The
association believes that bank acceptance of CID cards can aid law
enforcement, not only for assisting immigrants who may be targeted by
criminals because of their tendency to possess cash, but also for
possibly combating money-laundering and terrorism. Banks, the
association said, are subject to numerous layers of federal and state
regulation and oversight that can assist federal officials in
monitoring international money transmissions. Also, banks accept the
Mexican CID in order to better serve members of the immigrant community
without bank accounts, often referred to as the "unbanked." The
association said that serving the unbanked provides a new source for
deposits, loans, and wire transfers, which benefit the economy at
large.
In addition, a Treasury official said that there are no laws
prohibiting undocumented aliens from opening bank accounts in the
United States and that banks are not required to determine whether
their customers are present in the United States legally. The official
also said that for purposes of fraud or money-laundering detection, the
department would prefer to have as many people as possible active in
the U.S. banking system, because their financial activities could be
closely monitored.
Subsequent to the acceptance of the Mexican CID card by the bank in
Austin, the Austin Police Department itself decided to recognize the
card as a valid form of identification. In addition, the city of Austin
also began accepting the card to help Mexican citizens living in the
community gain access to community courts and obtain other documents,
such as library cards and copies of locally maintained medical records.
A representative of the Dallas, Texas, Police Department told us that
the department began accepting the CID cards primarily as a means to
allow officers to properly identify all people that they came in
contact with who may lack other forms of identification. According to
the Mexican embassy, as of February 2004, 1,159 U.S. police departments
nationwide accept the Mexican CID card as a valid identity document.
In December 2001, the Mayor of San Francisco signed a policy
establishing the Mexican CID as valid identification in the city and
county of San Francisco; this policy included the police and sheriff's
departments. The San Francisco Office of the Mayor, in a press release,
declared that this acceptance would help members of the Mexican
immigrant community, who may otherwise be jailed or deported for minor
offenses if they do not possess an accepted form of identification. Use
of the CID card as a recognized form of identification would, in turn,
help reduce police processing time spent handling these offenses. The
release also cited a benefit expressed by the Austin police, that
extending official acceptance to the CID card might allow immigrants to
be less fearful in reporting crimes to police, since they would now
possess acceptable identification.
Some cities and counties have begun accepting the Mexican CID card as
valid identification for obtaining city or county services. The Mexican
embassy states that 363 cities and 153 counties recognize its CID card
as of February 2004. An official of one county housing and community
affairs department testified before Congress that county government
must provide for public safety and health, education, and other basic
services, and that accepting these CID cards helps to identify the
people who need these services. Because CID cards contain a local
address, the official testified, the county can determine whether
applicants for services are residents of the county.
Some States Accept the Mexican CID Card as Valid Identification for
Driver's License Issuance:
In August 2003, according to the National Immigration Law Center
(NILC), 13 states accepted the Mexican CID as one form of valid ID in
issuing driver's licenses.[Footnote 5] Representatives of immigrant
advocacy groups we contacted and whose positions we reviewed have
argued that accepting CID cards for driver's licenses helps states
maximize the number of licensed and potentially insured drivers on
their highways.
However, we found that at least 2 states have recently rescinded their
prior acceptance of CID cards in issuing driver's licenses. For
example, North Carolina (1 of the 13 states mentioned above) decided
that, effective February 2004, it would no longer accept foreign-issued
documents (except passports) as proof of identity for driver's license
issuance.[Footnote 6] In discussing this decision, an official with the
North Carolina Division of Motor Vehicles (DMV) stated that the DMV had
heard concerns through the American Association of Motor Vehicle
Administrators (AAMVA) that the FBI and DHS did not support public
acceptance of the Mexican CID card.[Footnote 7] In addition, this
official informed us that some state residents had expressed concerns
over and opposition to Mexican CID card acceptance to the Office of the
Governor and DMV. Among these concerns, some residents felt that CID
acceptance might help people not legally present in the United States
to circumvent immigration laws. The DMV Commissioner made an
administrative decision that, beginning in February 2004, the DMV would
only accept documents issued by state or federal governments, or
federally validated international passports, as proof of identification
when issuing driver's license or state ID cards.
In addition, in December 2003, the Governor of California approved a
bill that repealed the provisions of a law passed in September 2003
that would have allowed driver's license applicants to submit a Mexican
CID card as proof of identity. In September 2003, a bill passed by the
California Legislature (S.B.60) and signed into law by the then
Governor, provided among other things, that an applicant for a driver's
license could submit an individual taxpayer identification number
(ITIN) to the Department of Motor Vehicles in lieu of a Social Security
number (SSN). If submitting an ITIN, the applicant must also submit an
acceptable birth certificate and one of a number of other
identification documents that included the Mexican CID card. These
provisions were to take effect on January 1, 2004. However, in December
2003, a new bill passed by the legislature and signed into law by the
new Governor repealed S.B.60. Thus, the ITIN and the CID card as an
adjunct identification document were both rendered invalid for
obtaining a driver's license in California. In calling for the repeal
of S.B.60, the Governor said that the bill might "invite fraud or
undermine law enforcement." He noted that the state Attorney General
and California's Sheriff's Association had expressed security concerns
over the measure. In addition, a bill analysis presented to a State
Assembly committee noted that the Internal Revenue Service had informed
the state that ITINs were not valid for identification outside of the
tax system and that ITIN applicants were not subject to the same
document verification standards as SSN applicants.
Identity Verification Procedures and Security Features Vary, and Some
CID Cards May Not Ensure Cardholder's Identity:
Mexico Has Taken Steps to Improve Identity Verification Procedures for
Its CID Card Issuance Process, but Risks Remain:
A Mexican citizen residing in the United States who seeks to obtain a
Mexican CID card is required to present to the Mexican consular field
office, in person, three types of documents: proof of Mexican
nationality, proof of identity, and proof of local address (see table 1
for types of required documentation). The consulate office then
determines if the documents presented are authentic. Prior to January
2004, nationality, identity, and residency documents were examined--
that is, visually inspected--by a consular official. Mexican officials
reported that documents used to obtain CID cards were only verified
with authorities in Mexico when the documents' authenticity was in
question. This process raised concerns for the FBI, which stated in
congressional testimony in June 2003 that the Mexican CID card was not
a reliable form of identification.[Footnote 8] An FBI agent cited
Mexico's lack of a centralized database to prevent multiple cards being
issued to one individual and the inability of consular field offices in
the United States to share information about an applicant's identity
through a database. The FBI agent cited the Mexican birth certificate,
in particular, as a document that could easily be fraudulently obtained
and used as proof of identity. In addition, the FBI agent said some
Mexican consulates issued CID cards to individuals lacking any proof of
identification, as long as they fill out a questionnaire and satisfy
the consular official that they are who they claim to be.
Table 1: Types of Required Documentation for Obtaining a Mexican CID
Card:
Required identification categories: Proof of nationality;
Types of documents accepted:
* Mexican birth certificate;
* Mexican passport;
* Certification of Mexican nationality;
* Declaration of Mexican nationality.
Required identification categories: Proof of identity;
Types of documents accepted:
* Mexican driver's license;
* U.S. driver's license;
* State-issued ID card (United States);
* Mexican passport;
* U.S. passport;
* U.S. work permit;
* Mexican voter registration card;
* Any official identification with photograph issued by Mexican
government.
Required identification categories: Proof of residence in consular
district;
Types of documents accepted:
* Utility bill;
* Mexican or U.S. government correspondence to the U.S. address;
* Government-issued identification with U.S. address.
Source: Mexican government.
[End of table]
AAMVA also expressed concerns about the Mexican CID card and its
issuance procedures. Specifically, members of AAMVA were concerned
about the lack of (1) standardized issuance procedures, (2) uniform
security features on all valid CID cards, and (3) access to a secure
database to verify documents. In May 2003, AAMVA issued a resolution
stating that it was premature to recommend the use of foreign-issued
CID cards for identification purposes and that more information was
needed to assess the verifiability of the documents.
Mexican consular officials told us they wanted to strengthen the CID
card issuance process, in part to provide more assurance to
institutions accepting the card and to federal law enforcement agencies
that the cardholder's identity was valid. As a result, in January 2004,
new issuance procedures were implemented (see fig. 1). Mexican
consulates can now search a centralized CID card database containing
the records of approximately 2.6 million persons registered with the 45
Mexican consulates in the United States. Mexican passport information
is also maintained on this system. In addition, consulates can verify
the identity of an applicant who uses a Mexican voter registration card
by checking it electronically against a voter registration database in
Mexico. A Mexican official in the Dallas consulate office estimated
that about 50 percent of applicants seeking Mexican CID cards in the
Dallas office use their voter registration cards to prove their
identity. As of April 2004, this database held approximately 67 million
records--representing about 94 percent of eligible Mexican voters. The
new process also checks the applicant's identity against a Mexican
government "stop list"--a database containing records of persons who
are not allowed to obtain documents issued by the Mexican government,
including fugitives or persons who have tried to use counterfeit
documents in Mexico or at consulate offices in the past. A Mexican
official estimated that this database contains about 20,000 records. In
January and February 2004, Mexican consulate offices issued over 63,000
CID cards under the new issuance process.
Figure 1: Mexican CID Card Issuance Process, as of January 2004:
[See PDF for image]
[End of figure]
However, despite these new procedures, Mexican consulate officials told
us that they still rely primarily on a visual inspection--not database
verification--of all applicant documents except the passports and voter
registration cards. Thus, there are no safeguards to prevent some
documents, such as birth certificates, from being fraudulently obtained
and used as proof of nationality or identity in order to obtain a CID
card. According to the FBI, the Mexican birth certificate is a
component used in the fraudulent documents trade within the United
States and worldwide.
The Seattle, Washington, office of DHS's Immigration and Customs
Enforcement (ICE) said that in its experience, there has been an
increase in both the number of counterfeit Mexican CID cards and
legitimate Mexican CID cards issued with false biographical
information. According to agents, almost all of those suspects
apprehended with legitimate CID cards containing false biographical
data had obtained the cards by getting a counterfeit Mexican birth
certificate and using it to get a legitimate CID card from the Mexican
consulate in Seattle. They then used this card in applying for a
legitimate Washington State driver's license or identity card. The
office said that most of these individuals have done so in order to
establish a new identity to conceal a previous arrest or deportation.
For example, in November 2003, counterfeit Mexican CID cards were among
the evidence seized by ICE agents during an authorized search at two
apartments near Seattle. In addition to seizing the CID cards, agents
seized a number of finished or partially finished counterfeit
documents, including Mexican birth certificates and driver's licenses;
U.S. driver's licenses from several states; U.S. immigration documents,
such as resident alien and permanent resident cards; and U.S. Social
Security cards. The agents also confiscated counterfeit document
production materials that included computers, CD-ROMs, floppy disks,
and many other supplies. As a result of this investigation, four
Mexican citizens were arrested. One of the four was deported to Mexico
with no criminal charges. Two of the perpetrators pled guilty to
violating Section 1546 of Title 18 of the United States Code
(Possession, Making, Selling Fraudulent Immigration Documents) and were
sentenced on March 12, 2004, to 17 and 14 months, respectively, in
federal prison. The remaining perpetrator pled guilty to violating
Section 1325 (a)(2) of Title 8 of the United States Code (Eluding
Examination at Entry) and was sentenced on December 19, 2003, to 5
months in federal prison. All three are to be deported following their
prison sentences.
According to a DHS agent, the production of these fraudulent ID
documents did not involve highly sophisticated processes or equipment.
Rather, the agent said that most of the equipment used could be
obtained off the shelf from retail computer supply stores at an
estimated cost of under $1,000. The only exceptions to this
availability were counterfeit working copies of documents and
counterfeit government holographic seals and stamps. These items were
apparently produced elsewhere and shipped to the fraudulent ID document
operation.
Guatemala's CID Issuance Process Employs Passport Data to Verify
Identity:
To obtain a Guatemalan CID card, an applicant must appear in person at
a consulate office and present a CID application form and a valid
Guatemalan passport. An official from the Guatemalan embassy told us
that the passport requires an applicant to provide, among other
information, two fingerprints and a photograph and signature. During
the CID card issuance procedure, an applicant's passport number and
other information are checked against records maintained in Guatemala's
central passport database system. In December 2003, over 1.3 million
passport records were maintained in this system. After consular
officials verify the applicant's passport information, including the
photograph and signature, by checking it against the central passport
database records, the consulate approves the production and issuance of
the CID card. Figure 2 illustrates the Guatemalan issuance process. The
Guatemalan CID cards are produced centrally at a U.S. contractor's
facility and then mailed to the applicant or distributed to them at the
consulate offices.
Figure 2: The Guatemalan CID Card Issuance Process:
[See PDF for image]
[End of figure]
Security Features Not Consistent among Mexican CID Cards in
Circulation:
Through December 2003, Mexico issued a laminated CID card that was
valid for up to 5 years (See fig. 3.) These cards contained a unique
numerical identifier, a photograph, and the signature of the
cardholder. No other document security features were included in these
cards. Mexican officials estimate that approximately 1.1 million of
these cards were issued between 2001 and 2003, and as of June 2004,
about 1 million of these CID cards remain valid and in circulation. As
of June 2003, the FBI estimated that this version of the card comprised
the majority of Mexican CID cards now in circulation. Prior to that
assessment, in March 2002, Mexico began phasing in a new CID card that
incorporates various technical security features not contained in the
older version of the card (See fig. 4.) This newer card is considered
by Mexican officials to be a high-security CID card, compared with the
low-security CID card issued earlier.
Figure 3: Sample of Laminated Mexican CID card:
[See PDF for image]
[End of figure]
Figure 4: Sample of High-Security Mexican CID Card:
[See PDF for image]
[End of figure]
The high-security version of the Mexican CID card contains at least
eight identifiable security features. (See table 2 for a list of
security features.) Among other things, the new cards require a special
decoder device in order to see certain data, such as the cardholder's
name and date of birth, printed on the card. A Mexican official told us
that between 2002 and 2003, consulate offices distributed nearly
649,000 of these decoders to U.S. banks, police departments, airlines,
and ICE. Mexican officials told us that as of April 2004, about 2
million high-security Mexican CID cards were issued to Mexican citizens
in the United States.
Table 2: Mexican and Guatemalan CID Card Security Features:
CID card security features: Unique identification number;
Description of security features[A]: A unique number assigned to each
CID card;
Mexican low-security card: Yes;
Mexican high-security card: Yes;
Guatemalan CID card: Yes.
CID card security features: Optically variable feature (e.g., hologram,
color-shifting inks);
Description of security features[A]: An image or feature whose
appearance changes based on the angle of viewing or illumination;
Mexican low-security card: No;
Mexican high-security card: Yes;
Guatemalan CID card: Yes.
CID card security features: Ultraviolet image;
Description of security features[A]: Image emits visible color under
exposure to ultraviolet light;
Mexican low-security card: No;
Mexican high-security card: Yes;
Guatemalan CID card: Yes.
CID card security features: Encoded information;
Description of security features[A]: Information requires decoder
device to unscramble;
Mexican low-security card: No;
Mexican high-security card: Yes;
Guatemalan CID card: No.
CID card security features: Machine readable technology (e.g., bar
code or magnetic stripe);
Description of security features[A]: A device used to verify the
authenticity of the document, the data, or the person presenting the
card by use of a reader;
Mexican low-security card: No;
Mexican high-security card: Yes;
Guatemalan CID card: Yes.
CID card security features: Microprinting;
Description of security features[A]: Miniature lettering visible under
magnification;
Mexican low-security card: No;
Mexican high-security card: Yes;
Guatemalan CID card: Yes.
CID card security features: Secure laminate;
Description of security features[A]: Transparent layers or films with
an integrated security feature(s) applied to card with an adhesive or
fused by heat;
Mexican low-security card: No;
Mexican high-security card: Yes;
Guatemalan CID card: Yes.
CID card security features: Deliberate errors/known flaws;
Description of security features[A]: An intentional mistake known only
to the manufacturer or inspecting officials;
Mexican low-security card: No;
Mexican high-security card: No;
Guatemalan CID card: Yes.
CID card security features: Integrated photograph and signature;
Description of security features[A]: Photograph and signature are
sealed under laminate;
Mexican low-security card: Yes;
Mexican high- security card: Yes;
Guatemalan CID card: Yes.
Source: Governments of Mexico and Guatemala.
[A] These descriptions were provided by the American Association of
Motor Vehicle Administrators and the International Civil Aviation
Organization.
[End of table]
The Guatemalan CID card is produced by a U.S. contractor and has been
issued in the United States since August 2002 (see fig. 5). The
Guatemalan CID card contains approximately eight distinct security
features (see table 2). As of April 2004, about 104,000 Guatemalan CID
cards had been issued in the United States.
Figure 5: Sample Guatemalan CID Card:
[See PDF for image]
[End of figure]
Officials with the Forensic Document Laboratory, a division of ICE that
provides forensic assistance to law enforcement agencies, told us that
incorporating technologically advanced security features into an
identification document does not guarantee any document's authenticity.
Much of a document's level of security, they said, depends upon the
knowledge and training of the person examining the document. Thus, if a
document examiner, such as a bank official or a police officer, is not
familiar with the security features contained in a document, such as
microprinting, then the presence--or absence--of those features does
not necessarily ensure that the examiner will be able to recognize an
authentic document.
No Consistent Federal Guidance for CID Card Usage or Acceptance Exists:
Although acceptance of CID cards has grown in the United States over
the past few years, a consistent federal policy regarding use and
acceptance of foreign-issued CID cards has not been established. The
Homeland Security Council is leading a task force of executive branch
agencies examining this issue. As of June 2004, it had not issued its
findings or set a date for their release. Agencies involved in this
task force included the Departments of Homeland Security, State,
Justice, the Treasury, Transportation, Education, and Health and Human
Services and the Office of the Vice President and the General Services
Administration. Participating agency officials told us the task force's
emphasis has shifted from usage and acceptance of CID cards to broader
concerns about identification document security in general, with CID
cards being one element of concern. The task force has not set a
timetable for releasing its recommendations.
Some federal agencies have expressed independent positions on the use
of foreign-issued identity documents. For example, Treasury has adopted
regulations that allow financial institutions to accept CID cards as
valid identification. On October 26, 2001, the USA PATRIOT Act (P.L.
107-56) was adopted. Section 326 of the act required the Secretary of
the Treasury to issue regulations requiring financial institutions to
implement procedures for verifying the identities of possible
customers, maintaining records for customers' identities, and
consulting government lists of known or suspected terrorists to ensure
that customers are not on that list. The act also required the
department to issue a report to Congress with recommendations for,
among other things, determining the most effective way for financial
institutions to require identifying information from foreign nationals.
In this report, issued in October 2002, the department said that its
proposed regulations would allow financial institutions to accept any
foreign-issued document that provided evidence of nationality or
residence and bearing a photograph. A footnote to this statement
specifically declared that the proposed regulations would not
discourage acceptance of the Mexican CID card.[Footnote 9]
The final rule for implementing the provisions of Section 326 of the
USA PATRIOT Act declared, among other things, that banks must implement
a customer identification program containing risk-based procedures for
verifying the identity of customers to the extent reasonable and
practicable.[Footnote 10] While neither endorsing nor prohibiting
acceptance of any particular foreign-issued identification, the rule
reaffirmed that financial institutions could accept any such documents
that they deemed reliable for establishing reasonable belief of a
customer's true identity. Then, on July 1, 2003, the department issued
a notice of inquiry related to this rule, seeking additional comments
on whether there may be any instance in which a financial institution
should not be allowed to accept certain foreign-issued identification
documents.[Footnote 11] The department received approximately 24,000
comments on this issue and after reviewing them, determined that no
changes to the rule were necessary.[Footnote 12]
While Treasury does not prohibit or endorse the acceptance of CID
cards, an FBI official testified before Congress in June 2003 that the
Mexican CID card is not a reliable form of identification.[Footnote 13]
Concerns over the issuance process led the FBI to conclude that the
document was unreliable and could pose criminal and even terrorist
threats. First, the official testified, the Mexican CID card could be
used as a breeder document, that is, a document that would allow access
to other forms of legitimate identification, for establishing a false
identity. For example, if a card were fraudulently obtained under a
false identity, it could be then used to get a driver's license in some
states. A criminal, according to the FBI, could then establish several
false identities that would greatly facilitate such crimes as money
laundering or check fraud. Second, CID card unreliability can make
alien smuggling easier. The FBI official testified that federal
officials have arrested alien smugglers with several CID cards in their
possession. The FBI has said that these would not only help conceal the
smugglers' identities, but also further entice aliens to entrust their
transport to these smugglers.
The FBI has also cited the threat of falsely obtained CID cards being
used by terrorists to move about in the United States. The FBI official
testified that individuals of various national origins have been
discovered in possession of CID cards. If foreign nationals were able
to create fictitious identities in the United States, they could move
about the country without triggering identification from any name-based
terrorist watch lists. The FBI official said that one individual from
Iran was arrested in Texas in February 2003 in possession of a Mexican
CID card. He obtained the card in California by using a counterfeit
Mexican birth certificate and was able to obtain a California State ID
card.
In testimony given during the same hearing, an official from DHS's
Border and Transportation Security Directorate said that in light of
the increased demand for CID cards and heightened security concerns in
a post-September 11 environment, it also had concerns about the use and
acceptance of CID cards. DHS believed that some individuals had
obtained multiple cards under different identities. DHS also echoed the
FBI's concerns over use of a CID card as a breeder document for
obtaining other forms of identification, which in turn may be used for
criminal purposes.
The State Department has not adopted a policy on foreign-issued
identification documents or CID cards. However, in June 2003, a State
Department official testified during the same hearing about the
department's involvement and interests in any CID card acceptance
policy being developed. The official said that any policy developed
must consider the impact on the department's ability to carry out its
responsibilities regarding consular affairs, both domestically and
abroad. According to the department, under the VCCR, a foreign national
arrested or detained in the United States must be advised of his or her
right to request that the appropriate consular officials be notified of
the detention without delay. Because a foreign CID may serve to
identify an individual as a foreign national, an individual in
possession of this card can alert federal, state, and municipal law
enforcement authorities of the need to provide consular notification to
contact consular officials from his or her nation for assistance. The
State Department views CID cards as a tool that law enforcement
officials may use to help facilitate observance of this obligation
under the VCCR.
In addition, the State Department believes that any policy developed
that prohibits foreign-issued CID card acceptance within the United
States could foreclose U.S. options to assist Americans overseas. The
State Department may occasionally issue nonpassport identity cards or
travel documents to U.S. citizens abroad in times of emergency and
under other special circumstances. A State Department official told us
that the United States should keep its options open for any future
document issuance needs that may arise. This official said that the
department has discussed the possibility of issuing special ID cards
for U.S. citizens who live near the borders of Mexico or Canada and
cross these borders often. It would be difficult to ask these nations
to accept such a form of identification if the United States refused to
accept CID cards, the official said.
Conclusion:
Under international treaty, foreign governments are allowed to issue
identification documents to their citizens living in the United States,
but federal agencies, state and local governments, and financial
institutions must determine the advisability of accepting such
documents as a basis for providing services to the document holder.
Thus, for all of these institutions, acceptance of CID cards is
discretionary; there is no federal guidance in place to assist state
and local governments and others in determining whether a CID card
presented for identification purpose is authentic; that is, that it
belongs to the individual presenting the document or that it has not
been fraudulently obtained.[Footnote 14] Consistent federal guidance
could provide state and local governments and other entities with a
basis for assessing the authenticity of CID cards, which in turn would
assist them in determining whether, for what purpose, and for what
duration they should accept these cards. The absence of consistent
federal guidance could result in inconsistent acceptance of these cards
by such institutions and consequent uncertainty on the part of aliens
trying to use the cards to obtain services, as well as a heightened
risk that CID cards be used to support false identities.
Recommendation for Executive Action:
We are recommending that the Homeland Security Council direct its task
force, in consultation with key federal agencies, to complete its
efforts to develop policies and implement consistent guidance that
would reconcile potential conflicts among federal agencies and enable
state and local governments, financial institutions, and others to
assess the authenticity of CID cards issued by foreign governments.
Agency Comments and Our Evaluation:
We provided a draft of this report to the Homeland Security Council,
the Departments of State, Treasury, Justice, and Homeland Security for
their review and comment. The Homeland Security Council and the
Departments of State, Treasury, and Justice declined to comment.
DHS generally agreed with the report and commended us for recognizing
the critical aspects of identity document security. DHS said that
developing appropriate standards for identity documents is a critical
next step to reducing security vulnerabilities associated with such
documents. DHS also noted that the department does not recognize CID
cards as valid travel documents and does not accept them for entry into
this country.
DHS also said that CID cards should not be considered of greater
concern than other identity documents used in the United States and
that the administration's position on CID cards is clear: they are not
acceptable as proof of legal presence in the United States. We agree on
both points. We focused our review on CID cards and made no judgment on
the relative susceptibility to misuse of other identification
documents. However, in discussing the results of a DHS investigation,
we listed a number of other counterfeit documents that DHS agents had
recovered, including driver's licenses, U.S. immigration documents, and
social security cards--all of which could be used to help establish a
fraudulent identity.
We also agree that the position of the United States, as well as that
of the other nations whose officials we interviewed, is clear and
consistent that CID cards issued by foreign countries do not establish
or indicate lawful U.S. immigration status. Our report prominently
states this position. However, the position of the United States on
what constitutes prudent acceptance of CID cards for other than
immigration purposes by federal, state, local, and private institutions
does not appear to be so clear and consistent. Officials of some
federal agencies support the continued acceptance of CID cards for some
purposes, while others have expressed serious concerns about the
dangers of accepting them. Individual states and local jurisdictions
have developed conflicting policies regarding the acceptance of CID
cards. As officials of DHS and other agencies told us, the Homeland
Security Council has formed a working group to review the status and
acceptable uses of CIDs in the United States, but has not yet issued
its findings. For this reason, we have recommended that, as part of its
review, the working group develop consistent guidance to help public
and private institutions assess the authenticity of CID cards.
DHS also suggested that we provide greater context for the customary
and historical use of CID cards. We believe that our discussion of the
legal basis for CID card issuance under international treaty; the
history of CID card use, particularly Mexico's 133-year history of CID
card issuance; and the accepted and legitimate uses of CID cards
sufficiently addresses this issue. See appendix IV for DHS's comments.
As agreed with your offices, unless you publicly announce its contents
earlier, we plan no further distribution of this report until 30 days
after its issue date. At that time, we will send copies of the report
to relevant congressional committees and subcommittees, the Secretary
of the Treasury, the Secretary of State, the Secretary of Homeland
Security, the Attorney General, the White House Office of Homeland
Security, and other interested parties. In addition, the report will be
available at no charge on GAO's Web site at http://www.gao.gov.
If you have any questions, please contact me at (202) 512-8777. Key
contributors to this report are acknowledged in appendix V.
Signed by:
Laurie E. Ekstrand:
Director, Homeland Security and Justice Issues:
[End of section]
Appendix I: Objectives, Scope, and Methodology:
To determine the purpose of consular identification (CID) cards in the
United States, and how Mexican and Guatemalan CID cards are being used
in the United States, we reviewed provisions of the Vienna Convention
on Consular Relations (VCCR),[Footnote 15] which, among other things,
governs consular services. We contacted the embassies of eight
countries (Bolivia, El Salvador, Guatemala, Honduras, Mexico,
Nicaragua, Peru, and Poland) to learn their plans for issuing CID cards
and determined that Mexico and Guatemala were issuing CID cards in the
United States.[Footnote 16] We selected these countries because they
were among those cited as currently issuing CID cards in the United
States, or considering doing so, by federal, state, or local officials
we interviewed, or who testified on the subject at congressional
hearings in June 2003.[Footnote 17] We interviewed Mexican and
Guatemalan embassy officials and obtained documents regarding their CID
card program. We also interviewed officials from police departments in
Austin and Dallas, Texas, and reviewed documents from the city of San
Francisco. We contacted officials at the Office of the Mayor in the
city of Lake Worth, Florida; the American Bankers Association; the
American Association of Motor Vehicle Administrators; the Department of
Housing and Community Affairs in Montgomery County, Maryland; and six
independent advocacy and research groups to discuss their views on CID
acceptance. Additionally, we reviewed testimony by the Texas Bankers
Association before the Texas Legislature regarding their position on
financial institutions' acceptance of CID cards. To identify states
that have recently rescinded acceptance of CID cards for driver's
license issuance or other state services, we researched the Lexis Nexis
database for state legislation from 2002 through 2003 that has been
passed or proposed concerning CID acceptance. From this information, we
noted any states that had repealed CID acceptance. We interviewed
officials in North Carolina regarding their administrative decision to
revoke CID acceptance as proof of identification in driver's license
issuance.
To determine steps Mexico and Guatemala have taken to verify the
identities of CID card applicants and incorporate security features in
CID cards, we interviewed officials from the Mexican and Guatemalan
embassies and consulate offices to obtain information and documentation
about their CID card programs. We also observed the Mexican consulate's
issuance of CID cards at an off-site facility. Additionally, we
interviewed and obtained documentation related to issuance procedures
and security features from the company that manufactures and maintains
the Guatemalan CID card, passport, and consular registry programs. We
did not perform an evaluation of the Mexican and Guatemalan CID card
programs. We relied exclusively on information and data provided by
embassy and consulate officials in describing the issuance systems and
card security features utilized in their CID card programs. We also
interviewed Department of Homeland Security (DHS) agents responsible
for investigating the production of fraudulent identity documents,
including Mexican CID cards, in Lynnwood, Washington. We interviewed
officials with DHS's Forensic Document Laboratory regarding general
security standards for identity documents. To determine the positions
and policies of federal agencies regarding the usage and acceptance of
CID cards, we interviewed officials from the Department of the
Treasury, DHS, the Department of Justice, and the Department of State,
and reviewed testimony by the latter three agencies. We also reviewed
regulations proposed and adopted by Treasury. We also contacted
officials of the Homeland Security Council to discuss its examination
of foreign-issued CID cards. As of June 2004, the Homeland Security
Council had not issued its findings.
We researched European Union (EU) law to determine the status of new
legislation being considered by European Union members, regarding
standards for secure identification documents. Through electronic
searches of EU legislative databases and review of EU publications, we
found that EU members proposed regulations for improving document
security for visas, residence permits, and EU citizen passports.
Additionally, we reviewed information from the Department of State's
Bureau of Consular Affairs and DHS related to the current status of the
U.S. Visa Waiver Program. We conducted our review from July 2003 to
June 2004 in accordance with generally accepted government auditing
standards.
[End of section]
Appendix II: Status of Legislation Being Considered in the European
Union Related to Establishing Standards for Secure Identification
Documents:
European Union (EU) members are considering proposals that will require
a photograph and fingerprints on visas and residence permits. In
September 2001, EU member states took steps to improve the security of
travel visas and residence permits for third-country
nationals.[Footnote 18] Two regulations were developed and adopted in
2002, requiring member states to integrate a photograph into travel
visas by June 2007 and into residence permits by August 2007.[Footnote
19]
A proposal to modify the visa and residence permit regulations was
introduced in September 2003. The new proposal requires (1) moving the
dates for integrating photographs into visas and residence permits
forward to June and August 2005, respectively, and (2) that biometric
identifiers, namely a facial image and two fingerprints, be
incorporated into all such documents.
Members also recognized the need to incorporate biometrics into EU
citizen passports. In February 2004, a proposal to establish minimum
standards for biometrics and other security features was adopted by the
Commission of the European Communities and sent to the Council of the
European Union and European Parliament. The aim of the proposal was to
enhance the security of EU passports and to reliably link the passport
to its holder through biometric identifiers. The commission proposed
that all passports issued by EU member states contain a facial image
and that the inclusion of fingerprints be an option left to the
discretion of the member states.
The proposed integration of biometrics will allow EU passports to also
meet the requirements of the Visa Waiver Program (VWP). To comply with
these requirements, passports issued by EU member states will need to
be machine-readable and comply with biometric standards established by
the International Civil Aviation Organization. The VWP deadline for
passports to become compliant had been October 26, 2004, but was
extended for 1 year by (P.L. 108-299), which was signed into law on
August 9, 2004.
[End of section]
Appendix III: References to Passports and to Consular Identification
Documents in Federal Statutes and Statutes of Selected States:
As part of our review of consular identification cards, we were asked
to identify instances where the terms "passport" and "consular
identification document" are used in federal statutes and in the
statutes of selected states.
Using electronic databases, we conducted a search of current federal
statutes and the statutes of the seven states we selected.[Footnote 20]
We found over 70 references to passport in federal statutes and a
number of references in statutes of the selected states as well. Most
of the statutory references we found are to what is generally
considered the traditional meaning of passport--that is a document
issued by the competent officer of a national state permitting the
person named to travel. A passport is usually a formal document
establishing the holder's identity and citizenship, permitting that
person to leave and reenter the state, and requesting protection for
him or her abroad. A U.S. passport, for example, requests, in the name
of the Secretary of State, that the holder be permitted "safely and
freely to pass" and in case of need be given "all lawful aid and
protection."
In addition, we also found statutes that ascribe other meanings to
passport. For example, the U.S. Department of the Interior and the
states of Virginia and Indiana initiated passport programs for
admission to national and state parks, respectively. Also, California
has created a health and education passport system in Los Angeles
County, and Indiana has created a medical passport system in that
state.
We found no references to matricula or consular identification card in
either federal statutes or in the statutes of the selected states.
Matricula or consular identification cards are a form of identification
for foreign nationals who are present in the United States. These cards
certify the nationality of the cardholder but not his or her legal
residency status in the United States.
References to Passports in Federal Statutes:
* 8 U.S.C. § 1101(a)(30):
Passport defined in the Immigration Nationality Act as "any travel
document issued by competent authority showing the bearer's origin,
identity, and nationality if any, which is valid for the admission of
the bearer into a foreign country."
* 8 U.S.C. § 1102:
Diplomats required to show passports as a means of documentation and
identification necessary to establish their qualifications.
* 8 U.S.C. § 1104(c):
Powers and duties of Secretary of State; establishment of a passport
office within the Department of State:
* 8 U.S.C. § 1181:
Valid unexpired passport may be required for admission of immigrants
into the United States, except for refugees. Attorney General has
discretion not to require valid unexpired passport for returning
resident immigrants.
* 8 U.S.C. § 1182(a)(7)(A):
Any immigrant who is not in possession of a valid entry document and a
valid unexpired passport or other suitable travel document is
inadmissible.
* 8 U.S.C. § 1185(b):
Travel control of citizens and aliens; citizen generally required to
bear valid U.S. passport for departure and entry into United States.
* 8 U.S.C. § 1187(a)(3):
Visa waiver program for certain visitors; valid unexpired machine-
readable passport may be required.
* 8 U.S.C. § 1201(f):
Issuance of visas; surrender of documents; alien crewman not in
possession of any individual documents other than a passport may be
admitted under certain circumstances.
* 8 U.S.C. § 1202(b):
Application for visas; required documentary evidence for immigrant visa
may include valid unexpired passport.
* 8 U.S.C. § 1221(c):
Lists of alien and citizen passengers arriving and departing to include
passport number and country of issuance of each person listed.
* 8 U.S.C. § 1231(c)(3):
Detention and removal of aliens ordered removed; owner of a vessel or
aircraft bringing an alien to the United States not required to pay
costs of detention where individual claims to be a national of the
United States and has a U.S. passport.
* 8 U.S.C. § 1253(a)(3):
Penalty for failure to depart; suspension of sentence where U.S.
Government unable to secure passport from the country to which alien
has been ordered removed.
* 8 U.S.C. § 1323:
Unlawful bringing of aliens into United States; persons liable if alien
does not have a valid passport; remission of fine in certain
circumstances.
* 8 U.S.C. § 1324a:
In order for an employer to avoid liability for employing an
unauthorized alien, he must examine documentation in order to verify
employment eligibility. Documents establishing both employment
authorization and identity include an individual's U.S. passport.
* 8 U.S.C. § 1504:
Cancellation of illegally, fraudulently, or erroneously obtained U.S.
passports and Consular Reports of Birth.
* 8 U.S.C. § 1713(c):
Machine-readable visa fees; surcharge for issuing a machine-readable
visa in a nonmachine-readable passport.
* 8 U.S.C. § 1731:
Implementation of an integrated entry and exit data system including
establishing a database containing data from machine-readable visas and
passports.
* 8 U.S.C. 1732:
Machine-readable, tamper-resistant entry and exit documents;
technology standards, equipment, and software for passports of aliens
applying for admission under the visa waiver program.
* 8 U.S.C. § 1737:
Tracking system for stolen passports.
* 10 U.S.C. § 2602(c):
No fee charged for passport issued to employee of American National Red
Cross for travel outside United States under certain circumstances.
* 10 U.S.C. § 2604:
United Seamen's Service: cooperation and assistance; no fee may be
charged for a passport to an employee of the United Seamen's Service
under certain circumstances.
* 16 U.S. C. § 460l-6a:
Admission and special recreation use fees for National Parks,
Monuments, etc; Golden Eagle passports and Golden Age passports.
* 16 U.S.C. § 3911(a)(1)(A):
Secretary of the Interior authorized to sell Golden Eagle passports and
Golden Age passports at units of the National Wildlife Refuge System.
* 16 U.S.C. § 5982:
Distribution of Golden Eagle passport sales among Departments of
Interior and Agriculture.
* 16 U.S.C. § 5991:
National park passport program; purposes.
* 16 U.S.C. § 5992:
Secretary of the Interior to establish national park passport program.
* 16 U.S.C. § 5993:
Administration of national park passport program, including sale of
passports and use of proceeds.
* 16 U.S.C. § 5994:
Foreign sales of Golden Eagle passports.
* 16 U.S.C. § 5995:
Effect of national park passport program on other laws and programs.
* 18 U.S.C. § 9829(a)(6):
Criminal forfeiture in connection with illegal activity involving
passport issuance or use.
* 18 U.S.C. § 1028:
Fraud and related activity in connection with identification document;
identification document includes passport.
* 18 U.S.C. § 1541:
Issuance of passports without authority.
* 18 U.S.C. § 1542:
False statement in application and use of passport.
* 18 U.S.C. § 1543:
Forgery or false use of passport.
* 18 U.S.C. § 1544:
Misuse of passport.
* 18 U.S.C. § 1545:
Safe conduct or passport violation.
* 18 U.S.C. § 1546:
Fraud and misuse of passports, visas, and other documents.
* 18 U.S.C. § 1547:
Alternative imprisonment maximum for certain passport offenses
committed to facilitate drug trafficking or international terrorism.
* 18 U.S.C. § 1592:
Unlawful conduct with respect to passports or other immigration
documents in furtherance of peonage, slavery, or trafficking in
persons.
* 18 U.S.C. § 1961(1):
Definition of racketeering activity includes an act indictable under 18
U.S.C. § 1546, fraud and misuse of passports.
* 18 U.S.C. § 2516(1)(c):
Authorization for interception of wire, oral, or electronic
communications when interception may provide evidence of a violation of
18 U.S.C. §§ 1541-1546.
* 18 U.S.C. § 3291:
Ten year statute of limitations on prosecution for violation of certain
nationality, citizenship, and passport statutes.
* U.S. Sentencing Guidelines, § 2L2.1:
Trafficking in a document relating to naturalization, citizenship, or
legal resident status, or a U. S. passport.
* U.S. Sentencing Guidelines, § 2L2.2:
Fraudulently acquiring documents relating to naturalization,
citizenship, or legal resident status for own use; fraudulently
acquiring or improperly using a U.S. passport.
* 22 U.S.C. § 211a:
Authorities to grant, issue, and verify passports.
* 22 U.S.C. § 212:
Persons entitled to passport.
* 22 U.S.C. § 213:
Application for passport; verification of application by oath required
for initial passport.
* 22 U.S.C. § 214:
Fees for execution and issuance of passports; persons excused from
payment.
* 22 U.S.C. § 214a:
Refund of fees for passport erroneously charged and paid; refund.
* 22 U.S.C. § 217a:
Time limitation for validity of passport.
* 22 U.S.C. § 218:
Returns as to passports issued to be provided to Secretary of State.
* 22 U.S.C. § 2504(h):
Peace Corps volunteers excused from payment of passport fees.
* 22 U.S.C. § 2670(m):
Secretary of State is authorized to establish and operate passport
agencies.
* 22 U.S.C. § 2671(d)(3):
Issuance or renewal of passports barred for individuals in default on a
repatriation loan made by the Secretary of State.
* 22. U.S.C. § 2705(1):
Passport as proof of U.S. citizenship.
* 22 U.S.C. § 2709(a)(1):
Special agents of the Department of State and the Foreign Service may
conduct investigations concerning illegal passport or visa issuance or
use.
* 22 U.S.C. § 2714:
Denial of passports to certain convicted drug traffickers.
* 22 U. S.C. § 2721:
Activity protected by the First Amendment may not be the basis for
denial of passports.
* 22 U.S.C. § 4024(d):
Functions of Secretary of State; provide training for employees
performing consular functions, including the adjudication of passport
applications.
* 22 U.S.C. § 4802(a)(2)(B)(x):
Security responsibilities of Secretary of State include conduct of
investigations relating to illegal passport and visa issuance or use.
* 22 U.S.C. § 5711(5):
Bilateral ties between United States and Hong Kong; recognition of
passports issued by the Hong Kong Special Administrative Region.
* 26 U.S.C. § 6039E:
Information concerning resident status required when making application
for passport or renewal.
* 42. U.S.C. § 652(k):
Passport may not be issued to individual in arrears on child support
obligations and previously issued passport may be revoked, restricted,
or limited.
* 42 U.S.C. § 1436a(d)(1)(a):
Restriction on use of assisted housing by nonresident aliens; passport
may be used to verify citizenship where individual claims to be a
citizen.
* 48 U.S.C. § 1406h:
Passport, immigration, and naturalization fees collected in the Virgin
Island held in account for benefit of municipalities.
* 48 U.S.C. § 1421h:
Passport, immigration, and naturalization fees collected in Guam held
in account for benefit of Guam.
* 48 U.S.C § 1642:
Use of certain proceeds, including passport, immigration, and
naturalization fees collected in the Virgin Islands, as provided by the
legislature of the Virgin Islands.
* 48 U.S.C. § 1921c(b)(2):
Approval and implementation of compacts with Micronesia and Marshall
Islands; grant assistance for immigration and passport security.
* 49 U.S.C. § 44909(a)(2)(B):
Air carrier passenger manifests to include passport number of each
passenger if required for travel.
* 49 U.S.C. § 44939(a)(1)(B):
Providers of training to operate certain aircraft must submit to
Secretary of Homeland Security the passport and visa information of
certain applicants for training.
* 50 App. U.S.C. § 2407(a)(2)(E):
Regulations prohibiting participation in certain foreign boycotts shall
provide exceptions for compliance with the boycotting countries'
immigration or passport requirements.
References to Passports in Statutes of Selected States:
Arizona:
Ariz. Rev. Stat. Ann. Const. § 19, Refs & Annos.
* The Gadsden Treaty between the United States and Mexico. Passports
not required of persons not remaining in the country.
Ariz. Rev. Stat. Ann. § 4-241:
* A valid unexpired passport is an acceptable type of identification to
determine whether person purchasing liquor is under the legal drinking
age.
Ariz. Rev. Stat. Ann. § 13-3403.02:
* A valid passport is an acceptable type of identification to verify
that the purchaser of nitrous oxide is over 18.
Ariz. Rev. Stat. Ann. § 16-548:
* An early voter who is overseas may complete the affidavit to
accompany a ballot before a U.S. citizen who provides his or her
signature and passport number, if available.
Ariz. Rev. Stat. Ann. § 32-1236:
* Dentist triennial licensure; submission of a passport size
photograph.
California:
Cal. State Bar Rules and Regs, Art. I, § 1:
* Registration of members; passport is acceptable document to establish
identity.
Cal. Bus. & Prof. Code § 21628:
* In order to satisfy tangible personal property reporting
requirements, a secondhand dealer or coin dealer may use a passport
from a foreign country in addition to another item of identification
bearing an address.
Cal. Bus. & Prof. Code § 22430:
* Manufacture or sale of a deceptive identification document, that is a
document not issued by a governmental agency, which purports to be a
document issued by such an agency, is prohibited. A deceptive
identification document includes a passport.
* See Cal. Penal Code § 483.5 for penalties for violation of this
provision.
Cal. Bus. & Prof. Code § 22443:
* Immigration consultant shall return documents to client (including
passports).
Cal. Bus. & Prof. Code § 22963:
* A passport is a valid form of government identification to verify the
age of the purchaser of tobacco products.
Cal. Civ. Code § 1185:
* Acknowledgments; requisites; passport is satisfactory evidence of
identity of individual making acknowledgment of instrument.
Cal. Civ. Code § 1798.80:
* Customer records include passport number and state identification
card number.
Cal. Educ. Code § 48002:
* Passport may be used as evidence of minimum age required to enter
kindergarten or first grade.
Cal. Educ. Code § 49133:
* Minor may use passport to apply for permit to work full-time.
Cal. Elec. Code § 3004:
* Potential absentee voters; notice required at passport and recruiting
offices to inform potential absentee voters of their right to an
absentee ballot.
Cal. Elec. Code § 3302:
* Right to register for and vote by absentee ballot; requirements
include possession of a valid passport or card of identity and
registration.
Cal. Fam. Code § 3048:
* Required contents for custody or visitation orders; applying for
passport a factor in determination of risk of child abduction; court
may require surrender of passport to prevent abduction:
Cal. Fam. Code § 6228:
* A person requesting copies of domestic violence incident reports can
present a passport for identification purposes.
Cal. Fam. Code § 6752:
* Contracts in art, entertainment, and professional sports; set aside
in trust for benefit of minor; passport may be used to prove identity
of beneficiary.
Cal. Fin. Code § 17331:
* Fidelity corporation certificates; persons who must apply; nature of
certificate; application may include passport-size pictures.
Cal. Govt. § 12179.1:
* Ten-dollar fee charged for attesting each commission, passport, or
other document signed by Governor.
Cal. Govt. Code § 16649.80:
* Prohibited business arrangements; legislative finding that Arab
League countries refuse to accept certain passports.
Cal. Penal Code § 112:
* For the purposes of manufacturing or sale of false government
documents, a government document includes any passport.
Cal. Penal Code § 483.5:
* Deceptive identification documents (including passports),
requirements for manufacture, sale or transport, punishment for
violations.
Cal. Penal Code § 530.5:
* In the context of false personation, the term "personal identifying
information" includes a government passport number.
Cal. Penal Code § 4017.1:
* Certain offenders (confined in county jails and camps) are ineligible
for work providing access to personal information pertaining to private
individuals. This information includes state-or government-issued
driver's license or identification numbers and government passport
numbers.
Cal. Penal Code § 5071:
* Certain offenders (convicted of particular offenses) are ineligible
for work providing access to personal information pertaining to private
individuals. This information includes state-or government-issued
driver's license or identification numbers and government passport
numbers.
Cal. Prob. Code § 13104:
* Passport is reasonable proof of identity in affidavit procedure for
collection of personal property.
Cal. Unemp. Ins. Code § 9601.5:
* Public agencies or contracted private organizations; passport may be
used to prove legal status or authorization to work.
Cal. Veh. Code § 4466:
* Duplicate or substitute certificate of title or license plate;
different address; passport may be used for verification of identity.
Cal. Veh. Code § 6700.1:
* Foreign residents purchasing vehicles made in United States; in-
transit permits; passport may be used to prove residency in foreign
country.
Cal. Wel. & Inst. Code § 219.5:
* Certain offenders (wards of juvenile court) are ineligible for work
providing access to personal information pertaining to private
individuals. This information includes state-or government-issued
driver's license or identification numbers and government passport
numbers.
Cal. Wel. & Inst. Code § 401:
* Advocates' responsibilities to assist children in foster care include
locating a pupil's records for inclusion in pupil's health and
education passport.
Cal. Wel & Inst. Code § 1500:
* Minors under 18 years of age crossing the Mexican border; necessity
of written parental consent or passport.
Cal. Wel. & Inst. Code § 16010:
* Foster care placement; summary of health and education records of
minor may be maintained in health and education passport or comparable
format.
Cal. Wel. & Inst. Code § 16010.4:
* Information provided to foster parents and other caregivers includes
birth certificates, passport, or other identifying document of age.
Cal. Wel. & Inst. Code § 16010.5:
* Medication, information, and documentation to be provided to foster
parents and other caregivers includes birth certificate or passport.
Cal. Wel. & Inst. Code § 16011:
* Development of pilot Internet-based health and education passport
system for Los Angeles County.
Cal. Wel. & Inst. Code § 16501.6:
* Child Welfare services case management system; information concerning
foster child; study shall examine county health passport systems for
possible replication.
Indiana:
Ind. Code Ann. § 12-17-11-2:
* Medical passport program for children who receive foster care.
Ind. Code Ann. § 12-17-11-3:
* Issuance and maintenance of medical passport.
Ind. Code Ann. § 12-17-11-4:
* Administrative rules for medical passport program.
Ind. Code Ann. § 14-19-3-4:
* Golden Hoosier Passports for state parks and recreation areas; fees.
Ind. Code Ann. § 24-3-5.2-4:
* A passport is valid government-issued identification for the
verification of age of customer purchasing cigarettes by mail.
Ind. Code Ann. § 28-8-5-16:
* A passport number can be used to identify a customer to meet check
cashing requirements where check is at least $3,000.
Ind. Code Ann. § 31-14-13-6.7:
* Applying for passport is a factor for court to consider in making a
security, bond, or guarantee determination in custody proceedings
following determination of paternity.
Ind. Code Ann. § 31-14-13-11:
* Party to a custody order who applies for passport for a child
following determination of paternity must notify court and other party
to the order.
Ind. Code Ann. § 31-17-2-21.7:
* Applying for passport is a factor for court to consider in making a
security, bond, or guarantee determination in child custody actions and
modification of child custody orders.
Ind. Code Ann. § 31-17-2-24:
* Party to a custody order who applies for passport for a child must
notify court and other party to the order.
Ind. Code Ann. § 35-47-2.5-5:
* A passport maybe used as documentation of residence for sale of
handguns.
New York:
N.Y. Alco. Bev. Cont. Law § 65-b:
* Offense for one under age of 21 years to purchase or attempt to
purchase an alcoholic beverage through fraudulent means. Licensee may
accept passport as written evidence of age.
N.Y. Dom. Rel. Law § 15:
* Town and city clerks may use passport for verification purposes when
processing application for a marriage license.
N.Y. Econ. Dev. § 100:
* General powers of department of economic development include
establishing a New York hall of fame passport for admission to
recognized halls of fame.
N.Y. Educ. Law § 3218:
* Passport may be presented as evidence of age for compulsory education
purposes.
N.Y. Elec. Law § 11-200:
* Passport may be used to establish qualifications for special federal
voters.
N.Y. Gen. Bus. Law § 72:
* Application for certain licenses including private investigator,
security, guard, and bail enforcement licenses to include passport-size
photograph.
N.Y. Pub. Health Law § 1399-cc:
* Sale of tobacco products or herbal cigarettes, rolling papers or
pipes to minors prohibited. Purchaser may prove age through a passport.
N.Y. Pub. Health Law § 3429:
* Passport or any other similar form of photo identification issued by
a governmental entity may be used by funeral directors providing
continuing education to identify persons taking instruction.
Virginia:
Va. Code Ann. § 10.1-202.1:
* Golden passport established authorizing free entry into state parks
for certain persons.
Va. Code Ann. § 18.2-186.5:
* Expunction of false identity information from police and court
records; issuance of an Identity Theft Passport noting expunction.
Va. Code Ann. § 18.2-204.2:
* Manufacture, sale or possession of fictitious, facsimile or simulated
official license or identification, including a passport, is a Class 1
misdemeanor.
Va. Code Ann. § 18.2-308:
* Person carrying concealed weapon is required to display permit and a
photo-identification or passport upon demand by a law-enforcement
officer.
Va. Code Ann. § 18.2-308.2:2:
* Purchaser of certain firearms may present a passport as documentation
of residence.
Va. Code Ann. § 19.2-152.1:4:
* For periodic statements of value of property, bail bondsmen may
present a U.S. passport as a form of identification.
Va. Code Ann. § 19.2-389:
* Dissemination of criminal history record information to the
appropriate authority for purpose of issuing passports.
Va. Code Ann. § 22.1-253.13:3:
* Standards of quality in education include Literacy Passport test.
Va. Code Ann. § 46.2-347:
* Fraudulent use of driver's license, Department of Motor Vehicles
identification card, U.S. passport, or other form of official
identification listed to obtain alcoholic beverages is a Class 3
misdemeanor.
Va. Code Ann. § 47.1-14:
* A notary may use a U.S. or unexpired foreign passport to ascertain
the identity of any person whose identity is the subject of a notarial
act.
Va. Code Ann. § 63.2-1220:
* An admission stamp in an adopted child's passport may be used as
evidence that a child adopted in a foreign country was admitted to the
United States with an immediate relative immigrant visa for the purpose
of seeking a birth certificate.
Va. Bankr. E.D. LBR R. 3011-1:
* A creditor/claimant may present an unexpired passport to establish
identity for the purpose of claiming funds.
Washington:
Wash. Rev. Code § 9A.56.280:
* In the context of statutes relating to credit cards and checks,
"personal identification" includes passport.
Wash. Rev. Code § 13.34.340:
* Release of records (including child welfare services passport
containing all known and available health and educational information)
to treating physician.
Wash. Rev. Code § 36.18.016:
* Various fees (including execution fees collected for preparation of a
passport application)--not subject to division.
Wash. Rev. Code § 46.20.035:
* U.S. passport may be used to meet identification requirements for
driver's licenses.
Wash. Rev. Code § 66.16.040:
* Sales of liquor by employees--passport is included as officially
issued card of identification that may be used to demonstrate age.
Wash. Rev. Code § 70.155.090:
* Purchaser of tobacco products may present a passport to show
purchaser's age.
Wash. Rev. Code §70.155.105:
* Passport may be used to satisfy requirement that person who mails,
ships, or otherwise delivers cigarettes must verify the age of the
receiver of the cigarettes upon delivery.
Wash. Rev. Code § 74.13.031:
* Duties of department--Child welfare services must report annually to
the governor and the legislature on its success in implementing and
operating the children's services passport program.
Wash. Rev. Code § 74.13.285:
* Child welfare department is required to prepare children's service
passport to be provided to foster parents.
Wisconsin:
Wis. Stat. Ann. § 134.695:
* Antiques dealer may not knowingly purchase or receive used home
furnishings from a person without recording one of the identification
numbers listed therein. The list includes a person's U.S. passport
number.
Wis. Stat. Ann. § 134.71:
* Pawnbrokers and secondhand article and jewelry dealers shall require
the customer to present one of the types of identification listed. The
list includes a valid passport.
Wis. Stat. Ann. § 343.125:
* Endorsements to a commercial drivers license for transporting certain
hazardous materials. Applicant may submit a U.S. passport as
documentary proof of U.S. citizenship.
[End of section]
Appendix IV: Comments from the Department of Homeland Security:
Homeland Security:
August 3, 2004:
Mrs. Laurie Ekstrand:
Director, Homeland Security and Justice:
U.S. Government Accountability Office:
441 G Street, N.W.:
Washington, D.C. 20548:
Dear Ms. Ekstrand:
Thank you for the opportunity to comment on your draft report entitled,
"Border Security: Consular Identification Cards Accepted Within United
States, but Consistent Federal Guidance Needed," GAO-04-881.
The Department of Homeland Security appreciates the work done in this
report to explore factually the traditional and emerging uses of
consular identification documents (CIDs) in the United States,
especially their use to establish the bearer's identity. Specifically,
DHS would like to commend the Government Accountability Office for
recognizing the importance of secure issuance procedures, physical
properties, and the ability to verify documents that may be used as
identity cards. These three security aspects are critical to the
overall security of such documents.
However, DHS believes that this draft suggests CIDs are of greater
concern than other documents used to establish identity in the U.S. The
Department is interested in the security of all documents - whether
issued domestically or by foreign governments - that may be used to
establish identity. Because enforcement of immigration laws is among
the range of our responsibilities, our organizational elements may
encounter CIDs more often than other forms of identification.
Nonetheless, it is inappropriate to conclude that CIDs are generally
more susceptible to misuse than other documents. DHS encourages GAO to
explore more fully the customary and historical uses of CIDs as a means
of giving greater context to the report that addresses the emerging
phenomenon of wider use of CIDs within our society.
The Department is working diligently on measures to verify and maintain
the identity of international travelers to the U.S. We continue to work
with the Department of State and foreign governments to enhance the
security of passports, other travel documents, and other identification
documents. Additionally, the US-VISIT program, a top priority for the
Department, enhances security for our citizens and visitors while
facilitating legitimate travel and trade across our borders. US-VISIT
helps to secure our borders, facilitate the entry and exit process, and
enhance the integrity of the immigration system while respecting the
privacy of our visitors. US-VISIT is part of a continuum of security
measures that begins overseas and continues through a visitor's arrival
to and departure from the United States. It incorporates eligibility
determinations made by both the Departments of Homeland Security and
State.
In those cases where a visa is issued by the Department of State,
biometrics such as digital, inkless fingerscans and digital photographs
allow the Department of Homeland Security to determine whether the
person applying for entry to the United States is the same person who
was issued the visa by the Department of State. Additionally, the
biometric and biographic data is checked against watch lists, improving
the Department of Homeland Security's ability to make admissibility
decisions as well as the Department of State's ability to make visa
determinations.
The development of appropriate standards for identity documents is a
critical next step and necessarily should involve experts from the
private sector and the government. Establishing and protecting identity
is a matter of daily life and affects us all. Use of non-secure
documents allows individuals to veil their true identities for a
variety of reasons, from the benign to the criminal or for terrorist
intent. Inability to verify the issuance of identity documents leaves
us all vulnerable to identity theft. Inadequate screening procedures
may result in the issuance of a bona fide document to undeserving
bearers. Once an individual obtains one form of identification it may
be used as a breeder document to obtain more important benefits or
higher quality identification documents. These situations expose us to
potential security vulnerabilities.
The draft report suggests incorrectly that the Administration has no
clear position on CIDs. It is well established that foreign consular ID
cards do not establish or indicate lawful U.S. immigration status and
should not be viewed as valid for that purpose, nor do they establish a
foreign national's right to be or remain in the United States. This is
a clear and settled position.
Finally, it is important to note that DHS does not recognize CIDs as
valid travel documents and CIDs are not accepted for that purpose at
the more than 300 ports-of-entry where Customs and Border Protection
officers screen travelers seeking admission to the United States.
Thank you for the opportunity to contribute comments to the draft
report.
Sincerely,
Signed by:
C. Stewart Verdery, Jr.
Assistant Secretary for Policy and Planning:
Border and Transportation Security Directorate:
[End of section]
Appendix V: GAO Contact and Staff Acknowledgments:
GAO Contact:
Laurie Ekstrand (202) 512-8777:
Staff Acknowledgments:
In addition to the contact above, Amy Bernstein, John Brummet,
John Cooney, Adam Couvillion, Jeanette Espinola, Ann Finley,
Evan Gilman, Marvin McGill, Ramon Rodriguez, and Robert White made key
contributions to this report.
[End of section]
FOOTNOTES
[1] We subsequently learned that Argentina has begun to issue CID cards
with new security features in the United States. We did not include
Argentina's CID card program in our review.
[2] Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act. The act
was adopted to deter and punish terrorist acts in the United States and
around the world and for other purposes.
[3] We refer to the Mexican Matrícula Consular as the Mexican CID card
throughout this report.
[4] We refer to the Tarjeta de Identificación Consular Guatemalteca as
the Guatemalan CID card throughout this report.
[5] Idaho, Indiana, Michigan, Nebraska, New Mexico, North Carolina,
Oregon, South Dakota, Tennessee, Texas, Utah, Washington, and Wisconsin
were the states listed by NILC.
[6] The North Carolina Division of Motor Vehicles accepts the Mexican
CID card as proof of residency.
[7] The American Association of Motor Vehicle Administrators is a
voluntary, nonprofit, tax-exempt, educational organization. AAMVA
represents the state and provincial officials in the United States and
Canada who administer and enforce motor vehicle laws.
[8] Hearings before the Subcommittee on Immigration, Border Security,
and Claims, House Committee on the Judiciary, June 26, 2003.
[9] A Report to Congress in Accordance with Section 326(b) of the USA
PATRIOT Act, October 21, 2002.
[10] Customer Identification Programs for Banks, Savings Associations,
Credit Unions, and Certain Non-Federally Regulated Banks, 68 Fed. Reg.
25090, 25109 (May 9, 2003).
[11] Customer Identification Programs for Financial Institutions, 68
Fed. Reg. 39039, 39041 (Notice of Inquiry, July 1, 2003).
[12] Customer Identification Programs for Financial Institutions, 68
Fed. Reg. 55335, 55336 (September 25, 2003).
[13] Hearings before the Subcommittee on Immigration, Border Security,
and Claims, House Committee on the Judiciary, June 26, 2003.
[14] While, as noted earlier, the Department of the Treasury has issued
guidance to financial institutions on accepting foreign-issued
documents, it has left the determination of their acceptability to the
institutions themselves.
[15] Vienna Convention on Consular Relations, Apr. 24, 1963, 21 U.S.T.
77.
[16] We subsequently learned that Argentina has begun issuing CID cards
with new security features in the United States but did not include
Argentina's CID card program in our review
[17] Hearings before the House Committee on the Judiciary, Subcommittee
on Immigration, Border Security, and Claims, June 19, 2003, and June
26, 2003.
[18] A residence permit is an authorization issued by authorities of
member states that allow a third-country national to legally stay on
its territory. Any person who is not a citizen of the European Union is
a third-country national.
[19] Council Regulation (EC) No 334/2002, February18, 2002 (amending
Regulation (EC) No 1683/95 laying down a uniform format for visas),
Council Regulation (EC) No 1030/2002, June 13, 2002, laying down a
uniform format for residence permits for third-country nationals.
[20] We chose the states of Arizona, California, Indiana, New York,
Virginia, Washington, and Wisconsin in consultation with the requester.
GAO's Mission:
The Government Accountability Office, the investigative arm of
Congress, exists to support Congress in meeting its constitutional
responsibilities and to help improve the performance and accountability
of the federal government for the American people. GAO examines the use
of public funds; evaluates federal programs and policies; and provides
analyses, recommendations, and other assistance to help Congress make
informed oversight, policy, and funding decisions. GAO's commitment to
good government is reflected in its core values of accountability,
integrity, and reliability.
Obtaining Copies of GAO Reports and Testimony:
The fastest and easiest way to obtain copies of GAO documents at no
cost is through the Internet. GAO's Web site ( www.gao.gov ) contains
abstracts and full-text files of current reports and testimony and an
expanding archive of older products. The Web site features a search
engine to help you locate documents using key words and phrases. You
can print these documents in their entirety, including charts and other
graphics.
Each day, GAO issues a list of newly released reports, testimony, and
correspondence. GAO posts this list, known as "Today's Reports," on its
Web site daily. The list contains links to the full-text document
files. To have GAO e-mail this list to you every afternoon, go to
www.gao.gov and select "Subscribe to e-mail alerts" under the "Order
GAO Products" heading.
Order by Mail or Phone:
The first copy of each printed report is free. Additional copies are $2
each. A check or money order should be made out to the Superintendent
of Documents. GAO also accepts VISA and Mastercard. Orders for 100 or
more copies mailed to a single address are discounted 25 percent.
Orders should be sent to:
U.S. Government Accountability Office
441 G Street NW, Room LM
Washington, D.C. 20548:
To order by Phone:
Voice: (202) 512-6000:
TDD: (202) 512-2537:
Fax: (202) 512-6061:
To Report Fraud, Waste, and Abuse in Federal Programs:
Contact:
Web site: www.gao.gov/fraudnet/fraudnet.htm
E-mail: fraudnet@gao.gov
Automated answering system: (800) 424-5454 or (202) 512-7470:
Public Affairs:
Jeff Nelligan, managing director,
NelliganJ@gao.gov
(202) 512-4800
U.S. Government Accountability Office,
441 G Street NW, Room 7149
Washington, D.C. 20548:
