[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR235.7]

[Page 462-466]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION--Table of Contents
 
Sec. 235.7  Automated inspection services.

    (a) PORTPASS Program--(1) Definitions--(i) Port Passenger 
Accelerated Service System (PORTPASS). A system in which certain ports-
of-entry (POEs) are identified and designated by the Service as 
providing access to the United States for a group of identified, low-
risk, border crossers. Alien participants in the PORTPASS program are 
personally inspected, identified, and screened in advance of approval 
for participation in the program by an immigration officer, and may 
apply to enter the United States through a dedicated commuter lane (DCL) 
or through an automated permit port (APP). Such advance inspection and 
identification, when the enrolled participant satisfies the conditions 
and requirements set fourth in this section, satisfies the reporting 
requirements of Sec. 235.1(a). Each successful use of PORTPASS 
constitutes a separate and completed inspection and application for 
entry by the alien program participants on the

[[Page 463]]

date PORTPASS is used. United States citizens who meet the eligibility 
requirements for participation are subject to all rules, procedures, and 
conditions for use set forth in this section.
    (ii) Automated Permit Port (APP). A POE designated by the Service to 
provide access to the United States by an identified, low-risk, border 
crosser through the use of automation when the POE is not staffed. An 
APP has limited hours of operation and is located at a remote location 
on a land border. This program is limited to the northern border of the 
United States.
    (iii) Dedicated Commuter Lane (DCL). A special lane set apart from 
the normal flow of traffic at a land border POE which allows an 
accelerated inspection for identified, low-risk travelers. This program 
is limited to the northern border of the United States and the 
California-Mexico border.
    (iv) DCL system costs fee. A fee charged to a participant to cover 
the cost of the implementation and operation of the PORTPASS system. If 
a participant wishes to enroll more than one vehicle for use in the 
PORTPASS system, he or she will be assessed an additional vehicle fee 
for each additional vehicle enrolled. Regardless of when the additional 
vehicle is enrolled, the expiration date for use of that vehicle in the 
DCL will be the same date that the respective participant's authorized 
use of the lane expires, or is otherwise revoked.
    (2) Designation of POEs for PORTPASS access. The following criteria 
shall be used by the Service in the selection of a POE when classifying 
the POE as having PORTPASS access:
    (i) The location has an identifiable group of low-risk border 
crossers;
    (ii) The institution of PORTPASS access will not significantly 
inhibit normal traffic flow;
    (iii) The POE selected for access via a DCL has a sufficient number 
of Service personnel to perform primary and secondary inspection 
functions.
    (3) General eligibility requirements for PORTPASS program 
applicants. Applicants to PORTPASS must be citizens or lawful permanent 
residents of the United States, or nonimmigrants determined to be 
eligible by the Commissioner of the Service. Non-United States citizens 
must meet all applicable documentary and entry eligibility requirements 
of the Act. Applicants must agree to furnish all information requested 
on the application, and must agree to terms set forth for use of the 
PORTPASS program. Use of the PORTPASS program constitutes application 
for entry into the United States. Criminal justice information databases 
will be checked to assist in determining the applicant's eligibility for 
the PORTPASS program at the time the Form I-823, Application--
Alternative Inspection Services, is submitted. Criminal justice 
information on PORTPASS participants will be updated regularly, and the 
results will be checked electronically at the time of each approved 
participant's use of PORTPASS. Notwithstanding the provisions of 8 CFR 
part 264, fingerprints on Form FD-258 or in the manner prescribed by the 
Service may be required.
    (4) Application. (i) Application for PORTPASS access shall be made 
on Form I-823, Application--Alternative Inspection Services. 
Applications may be submitted during regular working hours at the 
principal Port-of-Entry having jurisdiction over the Port-of-Entry for 
which the applicant requests access. Applications may also be submitted 
by mail.
    (ii) Each person seeking PORTPASS access must file a separate 
application.
    (iii) The number of persons and vehicles which can use a DCL is 
limited numerically by the technology of the system. For this reason, 
distribution of applications at each POE may be limited.
    (iv) Applications must be supported by evidence of citizenship, and, 
in the case of lawful permanent residents of the United States, evidence 
of lawful permanent resident status in the United States. Alien 
applicants required to possess a valid visa must present documentation 
establishing such possession and any other documentation as required by 
the Act at the time of the application, and must be in possession of 
such documentation at the time of each entry, and at all times while 
present in the United States. Evidence of residency must be submitted by 
all applicants. Evidence of employment may be required to be

[[Page 464]]

furnished by the applicant. A current valid driver's license, and 
evidence of vehicle registration and insurance for the vehicle which 
will be occupied by the applicant as a driver or passenger when he or 
she uses the DCL or APP must be presented to the Service prior to 
approval of the application.
    (v) A completed Form I-823 must be accompanied by the fee as 
prescribed in Sec. 103.7(b)(1) of this chapter. Each PORTPASS applicant 
14 years-of-age or older must complete the application and pay the 
application fee. Applicants under the age of 14 will be required to 
complete the application, but will not be required to pay the 
application fee. An application for a replacement PORTPASS card must be 
made on the Form I-823, and filed with the fee prescribed in 
Sec. 103.7(b)(1). The district director having jurisdiction over the POE 
where the applicant requests access may, in his or her discretion, waive 
the application or replacement fee.
    (vi) If fingerprints are required to assist in a determination of 
eligibility at that POE, the applicant will be so advised by the Service 
prior to submitting his or her application. The applicant shall also be 
informed at that time of the current Federal Bureau of Investigation fee 
for conducting a fingerprint check. This fee must be paid by the 
applicant to the Service before any processing of the application shall 
occur. The fingerprint fee may be not be waived.
    (vii) Each applicant must present himself or herself for an 
inspection and/or positive identification at a time designated by the 
Service prior to approval of the application.
    (viii) Each vehicle that a PORTPASS participant desires to register 
in PORTPASS must be inspected and approved by the Service prior to use 
in the PORTPASS system. Evidence of valid, current registration and 
vehicle insurance must be presented to the Service at the time the 
vehicle is inspected. If the vehicle is not owned by the participant, 
the participant may be required to present written permission from the 
registered owner authorizing use of the vehicle in the PORTPASS program 
throughout the PORTPASS registration period.
    (ix) An applicant, whether an occupant or driver, may apply to use 
more than one vehicle in the DCL. The first vehicle listed on the Form 
I-823 will be designated as the applicant's primary vehicle. The second 
vehicle, if not designated by another applicant as his or her primary 
vehicle, is subject to the additional vehicle charge as prescribed by 
the Service.
    (x) An application may be denied in the discretion of the district 
director having jurisdiction over the POE where the applicant requests 
access. Notice of such denial shall be given to the applicant. There is 
no appeal from the denial, but denial is without prejudice to reapplying 
for this or any other Service benefit. Re-applications, or applications 
following revocation of permission to use the lane, will not be 
considered by the Service until 90 days have passed following the date 
of denial or revocation. Criteria which will be considered in the 
decision to approve or deny the application include the following: 
admissibility to the United States and documentation so evidencing, 
criminal history and/or evidence of criminality, purpose of travel, 
employment, residency, prior immigration history, possession of current 
driver's license, vehicle insurance and registration, and vehicle 
inspection.
    (xi) Applications approved by the Service will entitle the applicant 
to seek entry via a designated PORTPASS Program POE for a period of 1 
year from the date of approval of the application unless approval is 
otherwise withdrawn. An application for a replacement card will not 
extend the initial period of approval.
    (5) By applying for and participating in the PORTPASS program, each 
approved participant acknowledges and agrees to all of the following:
    (i) The installation and/or use of, in the vehicle approved for use 
in the PORTPASS program, any and all decals, devices, technology or 
other methodology deemed necessary by the Service to ensure inspection 
of the person(s) seeking entry through a DCL, in addition to any fee 
and/or monetary deposit assessed by the Service pending return of any 
and all such decals, devices, technology, and other methodology in 
undamaged condition.

[[Page 465]]

    (ii) That all devices, decals, or other equipment, methodology, or 
technology used to identify or inspect persons or vehicles seeking entry 
via any PORTPASS program remains the property of the United States 
Government at all times, and must be surrendered upon request by the 
Service. Each participant agrees to abide by the terms set forth by the 
Service for use of any device, decal, or other equipment, method or 
technology.
    (iii) The payment of a system costs fee as determined by the Service 
to be necessary to cover the costs of implementing, maintaining, and 
operating the PORTPASS program.
    (iv) That each occupant of a vehicle applying for entry through 
PORTPASS must have current approval from the Service to apply for entry 
through the PORTPASS program in that vehicle.
    (v) That a participant must be in possession of any authorization 
document(s) issued for PORTPASS access and any other entry document(s) 
as required by the Act or by regulation at the time of each entry to the 
United States.
    (vi) That a participant must positively identify himself or herself 
in the manner prescribed by the Service at the time of each application 
for entry via the PORTPASS.
    (vii) That each use of PORTPASS constitutes a separate application 
for entry to the United States by the alien participant.
    (viii) That each participant agrees to be responsible for all 
contents of the vehicle that he or she occupies when using PORTPASS.
    (ix) That a participant may not import merchandise or transport 
controlled or restricted items using PORTPASS. The entry of any 
merchandise or goods must be in accordance with the laws and regulations 
of all other Federal inspection agencies.
    (x) That a participant must abide by all Federal, state and local 
laws regarding the importation of alcohol or agricultural products or 
the importation or possession of controlled substances as defined in 
section 101 of the Controlled Substance Act (21 U.S.C. Sec. 802).
    (xi) That a participant will be subject to random checks or 
inspections that may be conducted by the Service at any time and at any 
location, to ensure compliance.
    (xii) That current vehicle registration and, if applicable, current 
permission to use the vehicle in PORTPASS, and evidence of current 
vehicle insurance, shall be in the vehicle at all times during use of 
PORTPASS.
    (xiii) Participant agrees to notify the Service if a vehicle 
approved for use in a PORTPASS program is sold, stolen, damaged, or 
disposed of otherwise. If a vehicle is sold, it is the responsibility of 
the participant to remove or obliterate any identifying device or other 
authorization for participation in the program or at the time of sale 
unless otherwise notified by the Service. If any license plates are 
replaced on an enrolled vehicle, the participant must submit a properly 
executed Form I-823, without fee, prior to use of the vehicle in the 
PORTPASS program.
    (xiv) That APP-approved participants who wish to enter the United 
States through a POE other than one designated as an APP through which 
they may pass must present themselves for inspection or examination by 
an immigration officer during normal business hours. Entry to the United 
States during hours when a Port of Entry is not staffed may be made only 
through a POE designated as an APP.
    (b) Violation of condition of the PORTPASS program. A PORTPASS 
program participant who violates any condition of the PORTPASS program, 
or who has violated any immigration law or regulation, or a law or 
regulation of the United States Customs Service or other Federal 
Inspection Service, or who is otherwise determined by an immigration 
officer to be inadmissible to the United States or ineligible to 
participate in PORTPASS, may have the PORTPASS access revoked at the 
discretion of the district director or the chief patrol agent and may be 
subject to other applicable sanctions, such as criminal and/or 
administrative prosecution or deportation, as well as possible seizure 
of goods and/or vehicles.
    (c) Judicial review. Nothing in this section is intended to create 
any right or benefit, substantive or procedural, enforceable in law or 
equity by a party against the Department of Justice, the

[[Page 466]]

Immigration and Naturalization Service, their officers or any employees 
of the Department of Justice.

[61 FR 53831, Oct. 16, 1996. Redesignated at 62 FR 10358, Mar. 6, 1997]