Letter to Michael Chertoff, Secretary, U.S. Department of Homeland Security

Letter

Letter to Michael Chertoff, Secretary, U.S. Department of Homeland Security

Stupak, McHugh Question Department of Homeland Security on Border Fingerprinting

WASHINGTON - As President Bush meets in Quebec with Canadian and Mexican leaders to discuss border issues, two key Members of Congress announced that they have written the Department of Homeland Security (DHS), questioning a new border fingerprinting policy that has stalled negotiations between the United States and Canada on a larger border initiative. Congressmen Bart Stupak (D-MI) and John M. McHugh (R-NY), the co-chairmen of the Congressional Northern Border Caucus, wrote the Department of Homeland Security, criticizing the agency's decision to withdraw from negotiations with the Canadian government over the "Shared Border Management Initiative," a program aimed at providing fast, efficient and safe border crossings between the United States and Canada.

"Commerce and trade between the U.S. and Canada is an economic engine that generates upwards of $400 billion per year for our country and supports over 170,000 Michigan jobs," Stupak said. "This most recent decision by Homeland Security is jeopardizing an initiative that could safely reduce the delays at border crossings and help ensure the swift and secure movement of people and goods across the U.S.-Canadian border."

"Communities across Northern and Central New York rely on the incredible economic relationship we share with Canada, our largest trading partner," McHugh stated. "During negotiations over Shared Border Management, trade significantly increased. Walking away from the negotiating table endangers local economies by increasing bureaucracy and red tape at U.S. and Canada border crossings."

Under the Shared Border Management Initiative, American customs officials would be located on the Canadian side of the border, to clear individuals before they reach the border and, therefore, speed up border crossings. Stupak and McHugh said that DHS's proposal to collect fingerprints from individuals who are not even entering the United States would needlessly slow down border crossings. In their letter, the lawmakers questioned DHS' authority to collect this information from individuals who approach the border but then decide not to cross. The Department of Homeland Security's insistence that it collect this data is a major point of contention in the talks with the Canadian government.

"The Department of Homeland Security's decision to withdraw from these negotiations shows a disregard for the economies of communities like Sault Ste. Marie, Michigan that thrive because of efficient cross-border traffic," Stupak added. "I hope that as President Bush visits Canada, he makes reviving the Shared Border Management Initiative a top priority."

"While President Bush attends meetings in Canada, I hope that he will lay the groundwork for a return to negotiations over Shared Border Management," McHugh continued. "Alexandria Bay, New York is home to the Thousand Islands Bridge, a vibrant border crossing, with over $8 billion in trade occurring at that location annually. Unfortunately, like many other border crossings, the demand exceeds the resources of the facility. Shared Border Management could alleviate these issues. It is in our best interests to develop policy that can accommodate the tremendous volume of trade while managing the security needs of our nation."

Note: The text of Stupak and McHugh's letter is below.

August 17, 2007

The Honorable Michael Chertoff
Secretary
U.S. Department of Homeland Security
Washington, D.C. 20528

Dear Secretary Chertoff:

As co-chairmen of the Northern Border Caucus, who have the honor of representing Congressional Districts which border the United States and Canada, we are deeply disappointed with the Department of Homeland Security's irresponsible decision to unilaterally withdraw from negotiations with Canada regarding implementation of the Shared Border Management Initiative. In light of the President's upcoming trip to Canada, we strongly urge that the United States use this opportunity to return to the negotiating table.

Safe and secure border crossings are critical to our national security needs. We understand the importance for Customs and Border Patrol agents to have the necessary tools to effectively carry out this mission. However, protecting the border must be balanced with the need to safely and securely transport people and goods across the border with our largest trading partner. The Shared Border Management Initiative will reduce regulation, red tape, and allow efficient movement of commerce, trade, and tourism between the United States and Canada. This program is critical to further encourage economic development in northern border communities.

We understand that a serious point of contention between the United States and Canada is the Department of Homeland Security's position that the United States should have the authority to collect biometric information, including fingerprints, from individuals who approach the border but then decide not to cross. We respectfully request that the Department provide us with justification for collecting this information when such an individual would not be crossing into our country. Furthermore, we ask you to clarify the legal and constitutional authority to collect fingerprints and biometric information from individuals not charged with a crime.

In the past two and a half years, the United States was able to negotiate important agreements with the Canadians concerning Customs and Border Patrol agents' ability to carry firearms and exercise arrest authorities when Shared Border Management Stations are located on Canadian soil. In light of these agreements, we strongly urge that the Department of Homeland Security take this opportunity to return to the negotiating table.

Thank you for your consideration of this request. Please feel free to contact us or our staffs with any questions or concerns.

Sincerely,

Bart Stupak
Co-Chair, Northern Border Caucus

John M. McHugh
Co-Chair, Northern Border Caucus

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