U.S. Representatives Clay Shaw, R-Fort Lauderdale and Mark Foley, R-Palm Beach Gardens, co-wrote a letter to Asa Hutchinson, undersecretary for Border and Transportation Security, urging him to change the way the agency enforces the law, which boaters say went unenforced until only a few weeks ago.
Speaking at a news conference at the Lauderdale Marina just north of Port Everglades, Shaw said fears of terrorism led federal officials to reactivate dormant laws in a bid to ensure public safety. But in this case, he said, the government resurrected a law that was better off dead.
The law requires boaters coming from foreign countries to check in, in person, with immigration authorities at an airport or seaport. One problem, Shaw said, is that anyone smuggling people into the country illegally is unlikely to turn them over to immigration officials once they reach U.S. soil.
“It does nothing to add to the security of anyone in South Florida,” Shaw said.
Foley agreed. “Osama bin Laden and his cohorts are not going to check in with immigration to let everyone know they’ve reached America safely,” he said.
The requirement also compels boaters to dock, gather everyone who was on the boat, and drive to the nearest port of entry. In some cases, that could be a 90-minute trip each way. And if the boat returns after-hours, the passengers must all make the trip the following day.
The enforcement of the law places a burden on South Florida’s economy, the congressmen said, discouraging a strong economic link between the region and the Bahamas. Boaters who don’t comply risk a fine of up to $3,000.
In their letter to Hutchinson, the two congressmen asked the Department of Homeland Security to exercise “flexibility in implementing new procedures for processing American vessels returning to port.”
Border security officials are aware of the complaints from boaters and have promised to look for a solution. The congressmen said their letter is intended to emphasize the need to protect border security without unnecessarily inconveniencing boaters.
Foley and Shaw recommended several solutions, including adopting a policy similar to a program allowing less restrictive travel between the United States and Canada. Barring a change in the law’s enforcement, the congressmen hope to craft a new law and have it passed by the end of the year.
By Rafael A. Olmeda, Sun-Sentinel
