Notice & Comment

DHS/CBP Seeks to Expand Border Crossing Info Collection With Canada, by Shannon Allen

The Department of Homeland Security, U.S. Customs and Border Protection (“DHS/CBP”) proposes to update the DHS system of records called, “DHS/CBP-007-Border Crossing Information (“BCI”) System of Records.”  The CBP maintains border crossing information on individuals entering the US in order to prevent terrorists and terrorist weapons from entering the country.  This information “resides on the TECS information technology platform.”  In the spirit of increased transparency, DHS/CBP is updating this system of records and providing notice to the public.  The DHS/CBP is updating:

(1)  Categories of individuals: “to include persons entering Canada from the United States,”

(2)  Categories of records: “to include border crossing data from Canada,”

(3)  Sources of information: “to include data provided by the Canada Border Services Agency (“CBSA”), and

(4)  Routine uses: “to include the sharing of border crossing information with Canada.”

The DHS/CBP is updating this system of records to provide notice of the “Beyond the Border (“BTB”) Entry/Exit Program” with Canada.  The BTB is now entering the second phase where both countries intend, at all automated land border ports of entry, to “exchange border crossing information” about “certain third-country nationals, permanent residents” of Canada, and “lawful permanent residents” of the US.

Border crossing information includes; a photograph, itinerary information, and the time and location of the border crossing.  The CBP will not share information for “U.S. citizens, Canadian citizens, asylees, refugees, individuals who have obtained a T, U, or Violence Against Women Act visa, or when the individual’s citizenship is unknown.”

The DHS is requesting comment on the application of these exemptions to the newly added categories.  Comments are due by June 27, 2013 and interested parties may submit comments, identified by docket number DHS-2013-0038 by one of the following methods:

  • Federal e-Rulemaking Portal: Follow the instructions for submitting comments.
  • Fax: 202-343-4010.
  • Mail: Jonathan R. Cantor, Acting Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.
  • Instructions: All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to, including any personal information provided.
  • Docket: For access to the docket to read background documents or comments received, please visit

This post was originally published on the legacy ABA Section of Administrative Law and Regulatory Practice Notice and Comment blog, which merged with the Yale Journal on Regulation Notice and Comment blog in 2015.

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