Governor Kitzhaber attempts to preempt federal law
Read below a statement from the Department of Homeland Security outlining the documents a foreign national must have to enter the United States legally. In essence a non-citizen must have either a passport or a valid visa issued by a U.S. Consular official. There is one exception to the rule.
A visa and passport are not required of a Mexican national who is in possession of a Form DSP-150, B-1/B-2 Visa and Border Crossing Card, containing a machine-readable biometric identifier issued by the U.S.Department of State. Mexican citizens using the card may only travel 25 miles into the U.S.
A Mexican matricula consular card is not valid as proof that a person is legally in the U.S. In fact, if a Mexican matricula card is the best or only identification a person can present, that is tacit admission that the person is illegally in the U.S.
Governor Kitzhaber is attempting to preempt federal law by promoting acceptance of the matricula consular as identification for drivers. That policy amounts to aiding and abetting illegal immigration. Furthermore it puts the Oregon State Police in a difficult legal position and citizens in danger.
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U.S. Customs & Border Protection
Entering the U.S. - Documents required for Foreign Nationals (International Travelers)
What travel documents and identification are required for a foreign national to enter the U.S.?
Updated 02/06/2012 11:22 AM
A foreign national or alien entering the U.S. is generally required to present a passport and valid visa issued by a U.S. Consular Official, unless they are a citizen of a country eligible for the Visa Waiver Program, or are a lawful permanent resident of the U.S. or a citizen of Canada. The Visa Waiver Program allows foreign nationals from certain countries to be admitted to the U.S. under limited conditions and for a limited time without obtaining a visa. The foreign national must arrive on an approved carrier (if coming by air or sea), staying no more than 90 days, for pleasure/medical purposes/business, and be able to prove they are not inadmissible. The foreign national is still required to have a passport. To obtain a list of countries eligible for the VisaWaiver Program, please reference the Department of State Web site. Canadians coming as a Treaty Trader, classification E are required to have a visa to enter the U.S. as are Canadians coming to marry a U.S. citizen and reside in the U.S. (K1)
A visa and passport are not required of a Mexican national who is in possession of a Form DSP-150, B-1/B-2 Visa and Border Crossing Card, containing a machine-readable biometric identifier, issued by the Department of State and is applying for admission as a temporary visitor for business or pleasure from contiguous territory by land or sea. Mexican citizens using the Border Crossing Card may only travel 25 miles into the U.S. - except in the Nogales/Tucson area, where travel to Tucson is authorized.
Continuing students who are going to travel outside of the United States must see their foreign student advisor and obtain an endorsement from the DSO or RO. The endorsement will be made on page 3 of the SEVIS Form I-20 or page 1 of the DS-2019. When returning to the United States, a continuing student/exchange visitor must present a valid SEVIS Form I-20 or DS-2019 with the DSO or RO signature showing that the student is active and in good standing with the school or program.
Visitors traveling to the U.S. are required to be in possession of passports that are valid for six months beyond the period of their intended stay in the U.S. For a list of countries exempt from the six month rule, see Six Month Club. (Six Month Club validity on your passport does not apply to U.S. Citizens returning to the United States.)
