Overview
Title
Agency Information Collection Activities; Revision; Arrival and Departure Record (Forms I-94, I-94W) and Electronic System for Travel Authorization (ESTA)
Agencies
ELI5 AI
The government wants to hear what people think about new ways of collecting information from travelers coming to the U.S. They use some forms and computer systems to decide who can visit, and they want to make sure everything is safe and easy to do.
Summary AI
The Department of Homeland Security's U.S. Customs and Border Protection (CBP) is seeking comments on a proposed information collection related to the Arrival and Departure Record (Forms I-94, I-94W) and the Electronic System for Travel Authorization (ESTA). They are inviting public opinions on the necessity and accuracy of this data collection, which helps determine if travelers can enter the U.S. under the Visa Waiver Program. This collection involves various forms and online systems, aiming to streamline the process and ensure security. People have until March 17, 2025, to provide feedback to CBP.
Abstract
The Department of Homeland Security, U.S. Customs and Border Protection (CBP) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.
Keywords AI
Sources
AnalysisAI
The document from the Department of Homeland Security's U.S. Customs and Border Protection (CBP) pertains to a proposed information collection system involving the Arrival and Departure Record (Forms I-94, I-94W) and the Electronic System for Travel Authorization (ESTA). This initiative aims to collect data from travelers seeking entry into the United States under the Visa Waiver Program. Public comments are solicited to assess the necessity and precision of this data collection method, which involves both paper-based forms and electronic submissions via mobile apps and websites. This commentary period ends on March 17, 2025.
General Summary
This action by the CBP is designed to streamline the entry process for travelers and reinforce the security measures associated with determining eligibility under the Visa Waiver Program. As part of the proposal, CBP plans to update its procedures and systems, including requiring travelers to provide a photograph both of their face and their passport's biographical page for the ESTA application. The document outlines the estimated burden hours for various types of information collection that both individuals and travel facilitators must undertake. Additionally, the CBP invites discussion on the continued and expanded application of this information gathering as more countries may be added to the Visa Waiver Program over the coming years.
Significant Issues and Concerns
A pivotal issue identified in the document is its complexity and the presence of intricate legal references that could hinder public understanding. The document mentions laws such as the Secure Travel and Counterterrorism Partnership Act of 2007 and the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 without detailed explanations, which might confuse readers unfamiliar with these statutes.
Moreover, the requirement for a photograph of the applicant's face for ESTA could raise privacy concerns. This change prompts questions regarding the protection and intended use of this sensitive data. Information on how these images will be stored and protected against unauthorized access is critical yet lacking.
Another concern is the potential technological burden: the necessity for some travelers to provide electronic photographs could disadvantage those without access to suitable technology. This issue further underscores the gap that may leave some applicants at a disadvantage if they cannot meet the technological requirements.
Additionally, there seems to be no discussion on the financial implications of these updates, which may interest numerous stakeholders, including travelers, travel agencies, and tech developers.
Broad Public Impact
The initiative largely impacts travelers from Visa Waiver Program countries. Ideally, it will make the entry process more efficient and secure for eligible travelers. However, the requirement for additional document verifications might impose extra steps and technological requirements, potentially creating inconvenience or barriers for some people without digital access or literacy.
Impact on Specific Stakeholders
Travel agencies and third-party organizations handling travel arrangements might be required to adapt to these new requirements, which could involve additional responsibilities like handling traveler photographs. This change could streamline customer experiences but might also lead to increased operational costs for some businesses.
For the CBP, collecting such detailed information might enhance its capacity to monitor and screen travelers effectively, bolstering national security efforts. Yet, accomplishing this requires careful handling and transparent communication about data use to maintain public trust.
In summary, while the proposed changes aim to improve procedural efficiency and security, addressing the potential privacy concerns and access disparities will be crucial in ensuring that the initiative benefits all stakeholders without imposing undue burdens.
Issues
• The document could benefit from simplification as it contains complex legal references and terminology, which may not be easily understood by the general public.
• The requirement for a photograph of the applicant's face and passport photo for ESTA could raise privacy concerns, and clearer information on data protection and usage might be warranted.
• There is no mention of alternative methods for those who may not have access to the technology required for the ESTA application, particularly for submitting photographs, which could disadvantage some applicants.
• The document makes references to specific legislation and acts (e.g., Secure Travel and Counterterrorism Partnership Act of 2007, Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015) without providing summaries, which may impede understanding.
• Potentially high burden of time on individuals completing the ESTA website application (estimated at 18 minutes) could be seen as excessive and warrants scrutiny for efficiency.
• There is no discussion on the financial implications or costs related to the updates in the procedures and systems for the ESTA application, which could be relevant to stakeholders.