February 7, 2012 - Yesterday, Department of Homeland Security (DHS) Secretary Janet Napolitano announced the publication of a final rule that would establish Global Entry as a permanent program.  Global Entry is a U.S. Customs and Border Protection (CBP) voluntary initiative which allows expedited clearance for pre-approved, low-risk travelers to streamline the international arrivals and admission process at airports through biometric identification.

Global Entry, currently available at 20 U.S. international airports, allows pre-approved travelers a streamlined, automated alternative to regular passport processing lines. The final rule, published on February 6, 2012, sets forth federal regulations that replace the current pilot with a permanent Global Entry program.  The final rule provides CBP with the ability to expand the program readily to additional U.S. international airports.  In addition, the age eligibility has changed to allow more families to enjoy the benefits of the program.

It is important to note that travelers currently participating in the Global Entry pilot program will not experience a break in membership, nor will they need to re-apply when the program becomes permanent.  To date, there have been approximately 1.8 million admissions with Global Entry by more than 260,000 members.  The program is available to U.S. citizens and U.S lawful permanent residents, as well as to Mexican nationals.  Citizens of the Netherlands may also apply under a special reciprocal arrangement that links Global Entry with the Dutch Privium program in Amsterdam. Canadian citizens and residents may participate in Global Entry through membership in the NEXUS program.

BAL Comment:  The permanent implementation of the Global Entry Program (“GEP”) is an exciting step forward for air travelers arriving in the United States.  The processing time for GEP users has already been documented to reduce average wait times of GEP travelers by more than 70%.  The program is a quick, efficient way for GEP users to enter the United States and is very helpful to frequent travelers.  Should the GEP continue to expand as proposed to include nonimmigrant foreign nationals from other countries, this could be even more beneficial to travelers and their employers.  Please contact your BAL attorney should you have any questions about the GEP.

- Berry Appleman & Leiden LLP