By Trent Jacobs
trent@caymannetnews.com 

A former US Honorary Consul to the Cayman Islands says that a new entry law that requires citizens of 27 countries to apply online for authorization to travel to the US might end last-minute travel for many.

The new policy won’t directly affect Cayman passport holders, but will mandate that from 12 January 2009 anyone travelling on a passport from a Visa Waiver Programme (VWP) country (which includes the UK, Australia, Ireland and New Zealand), to fill out an online form 72 hours prior to travel to the US; otherwise they will not be allowed into the country.

As Cayman Net News reported on 5 September, the new law - known as Electronic System for Travel Authorization (ESTA) - could effectively end last-minute trips to the US by citizens of VWP countries.

The ESTA law, implemented as a result of the 9/11 attacks, aims to provide the US government with personal data on travellers from VWP nations before they enter the country.

Gail DuQuesnay, former US Honorary Consul for more than nine years, said, “Once [the travellers] register, it is good for two years, as long as the information does not change. For example, if you write in Miami and that you’re staying at the Marriott, and your next trip is on a Cayman Airways direct flight to New York, you then have to go in and edit that information.”

She explained that if travellers fail to update any destination or itinerary changes on their US visit then they could be rejected entry upon check-in or arrival. Ms DuQuesnay, who is now a travel agent, added that her company, Adventure Travel, will edit the information for its customers to ease the confusion.

“Some people in Cayman just aren’t computer-oriented and so it does frighten them tremendously and it’s just an unfortunate situation,” she said.

Ms DuQuesnay also noted that while Government has a special agreement with the US that exempts its citizens from using ESTA, the new requirement might end the convenience many Caymanians enjoy by using a UK passport to enter the US for quick getaways.

“If they hold a UK passport and enter the US on that UK passport then, yes, you will have to fill out [ESTA] in advance; but on a Cayman passport they can either enter the US on a Government waiver or, of course, if they have a US visa.”

According to Mrs DuQuesnay, citizens of the Bahamas, Bermuda and the Cayman Islands, may obtain a waiver from their respective governments, which will allow them to enter the US without a visa.

In the Cayman Islands, citizens must first pay for, and obtain a police report, showing a clean record, and then pay for the Government waiver itself, which takes four business days to be approved.

The days-long process of obtaining a Cayman visa waiver is in stark contrast to the relative luxury of using a UK passport to enter through such popular US ports of entry as Miami or Tampa on short notice.

Additionally, the waiver can only be used for a one-time entry into the US, meaning that anyone who leaves the US to enter a third country, will not be allowed back on US soil without obtaining a visa.

The ESTA website is currently active and travellers can voluntarily register their information with the Department of Homeland Security (DHS) at https://esta.cbp.dhs.gov. The information requested is the same as needed for the green I-94 form with which frequent visitors to US may be familiar; authorisation will be granted for two years, upon approval.

In addition, a new authorisation will be required if the traveller is issued a new passport, or the traveller changes his or her name, his or her gender, country of citizenship or the circumstances underlying the previous “yes” or “no” responses to any of the ESTA application questions.

If a passenger is refused authorisation for travel he or she must obtain a non-immigrant visa at either a US embassy or consulate. Since Cayman hosts only an Honorary Consulate that does not issue visas, travellers would be forced to fly to the American Embassy in Jamaica. However, Embassies will not be able to provide details about ESTA denials, or resolve the issue that caused an ESTA rejection.

An immigration lawyer in Florida, Deirdre Valladares, who opposes ESTA, last week told Cayman Net News that the new programme has the potential to cause major headaches for millions of innocent travellers.

“If it turns out you’re not authorised, then you’re going to have to go and take extra steps; one of those might be to get a visitor’s visa which people that use the VWP right now travel without, and that’s one of the luxuries of the programme.

“[Under VWP] they can come to the US for short stays and not have to go to an embassy and go through all the rigmarole,” she said.

Headlines were made recently when the US “No Fly List”, AKA the “Terrorist Watch List”, reached a new plateau in July surpassing one million names.

Ms Valladares added that while it is not known if ESTA will cross-reference the list, she would not be surprised it that were the case. But according to the US Government, any information volunteered by travellers could be made available to varying law enforcement agencies including the Department of State.

The added security measure will not affect US citizens; but Ms Valladares pointed out that because the VWP is a reciprocal agreement, retaliatory restrictions from the affected countries could be implemented for American travellers.

“Other countries, especially countries we have visa-waiver arrangements with, are going to say, ‘Hey, we’re going to do the same thing to you,’ and when US citizens travel overseas to Spain, Italy or the UK, there is the potential for those countries to institute the same type of programme,” she said.