[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR235.7]



[Page 420-424]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

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



[[Page 421]]



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 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



[[Page 422]]



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 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 2 

years 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.



[[Page 423]]



    (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.

    (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



[[Page 424]]



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 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; 

68 FR 10145, Mar. 4, 2003]