Points of entry

The effectiveness of the border management system is significantly affected by the rules and processes chosen to enforce the conditions under which entry is permitted. This responsibility in some States is typically split between the management of persons, goods, vessels and vehicles, as well as that of aircraft. However, responsibilities can also overlap. For instance, immigration officials are primarily responsible for the management of entry and stay of persons, but some might also have the authority to check goods and vehicles if there are suspected drugs, weapons, victims of trafficking in persons, smuggled migrants or migrants in an irregular situation involved.

Agencies responsible for border management usually deploy officials at or in the vicinity of borders. While all these borders – land, air and water – are monitored and controlled, not all border control/crossing points have a dedicated border security staff and facilities present. In general, when border security staff are present, and there are facilities to check passports and visas, then it typically becomes a place where one may lawfully enter a country, also defined as a point of entry (POE). There are typically three types of POE: airports, land border crossings (rail, road) and blue border crossing (sea, river, lakeports).

Article / Quotes
points of entry

A passage of international entry or exit of travellers, baggage, cargo, containers, conveyances, goods and postal parcels, as well as agencies and areas providing services to them on entry or exit.

Source

World Health Organization (WHO), 2005.

A POE, which is usually located at or near the borders, provides for the controlled entry into or departure from the State of persons and goods. The role of immigration officials at a POE is to provide the first point of contact for the administration of immigration laws for migrants and travellers entering or leaving the State. This is where the immigration authority serves a dual purpose of control and facilitation, checking (according to the law) to ensure that people crossing the border meet the requirements of the State’s legislation and ministerial directives, and preventing the entry of irregular migrants. At the same time, the immigration authority efficiently processes lawful movements, including screening/referring to those seeking international protection and addressing the needs of vulnerable migrants.

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Source

IOM/Ray Leyesa, 2012. 

Inspectors at POE, as is the case with consular officials issuing visas (see Visa application and processing), usually must make a number of decisions about arriving migrants in a relatively short period. Do the arriving migrants have permission to enter the country, either with a visa or via a visa waiver programme? Do they have legitimate documentation? Are they in need of specific support? Have the applicants been convicted of a crime or pose a security risk? Are the applicants likely to work without authorization? Are they likely to overstay the period authorized in the visa or inspection stamp? Do they pose a public health threat? Do the applicants have sufficient resources to support themselves during their stay? Have they expressed concern about their safety if they return to the country of origin? And so forth.

Depending on the assessment, the applicant for entry may be admitted or referred to secondary inspection and potentially be refused entry. These decisions may occur administratively or through a judicial process. A similar situation exists for those attempting to enter irregularly– that is, entry outside of the inspection process. This too can be by land, sea or air. If apprehended attempting irregular entry, migrants are put into proceedings to determine if they should be refused admission. If apprehended after entry, they may be offered voluntary return or put into removal proceedings. How long the process takes depends on systemic issues, such as the number of backlogged cases, the difficulties in arranging representation, and any issues related to an individual application (see Immigration enforcement).

Policy Approaches
Enhancing security and effectiveness at points of entry
  • Assess the population density around points of entry (POE), the volume and frequency of traffic (that is, travellers, cargo, conveyances). This information will help to shape and deliver targeted interventions while enhancing border security.
  • Consider designating joint POE with a neighbouring country.
  • Make use of signage to effectively direct and channel travellers and to enhance the quick handling of arrivals and departures while reducing risks.
  • Developing an integrated border management approach between maritime, air and land-based governmental institutions to increase the timely sharing of information and coordinated procedures for enhanced border security.
  • Post immigration officials amongst the queuing travellers to assess any suspicious behaviour by engaging with individuals of interest before they present at the counter.
  • Set up effective reception and screening systems so that migrants can be referred to the appropriate authorities and partners depending on their needs, ensuring that migrants’ rights are protected.
  • Increase government officials’ understanding of transnational organized crime and border security through border management information systems (BMIS). Border officers can use BMIS in two ways: to check against the database in order to detect transnational organized crime; to collect and share migration data as a basis for creating evidence-based risk profiles.
Document checking and verification

Upon entry into a State, people are required to present themselves to immigration control with their travel and other documents for checking and verification, or, if applicable, to request international protection. This includes those arriving into a country for a short stay (that is, not exceeding 90 days in any period of 180 days). Upon entry, people can be asked by immigration officials to produce travel documents, as well as evidence of visas held, tickets, proof of funds to maintain themselves, licences, credit cards, utility or rates notices, telephone or email accounts and so on.

The travel documents are usually required to be valid for at least 90 days and up to 180 days after the planned departure from the State they are arriving into, and to have been issued within the previous ten years. Some airlines also impose this rule on their own initiative. It can apply even in cases of transit or stopover. However, some foreign governments and airlines apply the rule inconsistently.

Policy Approaches
Document checking upon entry
  • Establish procedures to process low-risk passengers who are unlikely to violate their conditions and entry and-or stay with minimal delay, and to ensure that passengers without authorization are denied entry – but refer those persons potentially in need of protection measures.
  • Strengthen the capacity of border officers to recognize impostors and identity fraud, counterfeit and fraudulent documents while examining the validity and integrity of travel documents, for example through the establishment of forensic laboratories and other inspection and verification equipment.
  • Ascertain that the intentions of the traveller align with the conditions of the visa or the authorization to enter.
  • Check that there has been no change in personal details/cancellation since the granting of the visa.
  • Make final admission decision.
  • Refer to the appropriate authority those persons potentially in need of protection measures, including victims of trafficking, unaccompanied children and other vulnerable migrants.
  • Refer for removal those persons who are denied admission in full respect of the principle of non-refoulement.

The key components for a border management framework are data, technology, trained personnel, anti-fraud and audit capability as well as strategic partnerships. This level of technological support may not be financially feasible or sustainable by many States. This highlights the need for collaboration between States to develop and share technological capacity, although it is not a substitute for appropriate legislation, well-designed procedures and trained and experienced staff.

Except for remote locations, border management processes are now operated in most countries through a border management information system (BMIS), which is a computerized system to collect and reconcile data on the movement of people (entry, exit, transit) together with passport and visa information. The BMIS allows governments to collect, process, store and analyse information on arrivals and departures. Using the system in real time allows border officials to form an accurate picture of cross-border movements and provides the ability to create evidence-based traveller risk profiles. As well, border officials can benefit from document examination laboratories as an additional source of strategic information (see Intelligence gathering and the role of technology). A watch list/non-entry control list function is a key component of any BMIS and is used to identify persons of risk to the State as well as to identify lost and stolen passports. If properly maintained and regularly updated, the BMIS also helps immigration officials to identify irregular migrants and trafficking in persons.

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Source

IOM, 2012. 

Along with other data applications such as advance passenger information (API) and passenger name record (PNR), a fully functional BMIS can expedite passenger clearance at the border and facilitate migration data management, intelligence and risk analysis. The use of such a computerized system speeds up the entry of trusted travellers (with minimal additional screening), and as well provides border inspectors more time to assess the risk of those who have not gone through this type of pre-screening and/or those who might pose a threat to national security (see Pre-inspection measures).

Governments have a dual responsibility to facilitate and control both the entry and the exit of travellers. Yet exit control mechanisms as part of border management are often overlooked, as the focus tends to be on entry rather than whether the person has left the country. Some countries do not have exit controls, so while they maintain records of arrivals, they do not know when individuals leave their territory. Increasingly, automated border controls, such as Smartgates discussed below are also being used as exit control systems through using facial recognition and biometrics.

Example
Automated border control and Smartgates

Automated border control (ABC) systems are increasingly used in many States. They use biometric recognition and authentication to reduce the congestion that is a result of high volumes of travellers. Smartgate systems use clearance procedures that require facial recognition, a fingerprint reader and a touch screen by which travellers, depending on the State’s entry and exit rules, submit their customs and immigration declarations. Additional data collected by the reading device are provided by an electronic chip in each e-passport, which is a travel document approved for automated processing by the International Civil Aviation Organization (ICAO). Using an encryption key issued by the national e-passport against the ICAO Public Key Directory (PKD), border authorities can decode the digital signatures recorded on the chip, thereby confirming the validity and integrity of a traveller’s travel document.

To Go Further
  • Migration Information and Data Analysis System (MIDAS).

    This information and data analysis system     collects, processes, stores and analyses traveller information in real time and across an entire border network. MIDAS can be integrated with national and International Criminal Police Organization (INTERPOL) alert lists, e-visa, advance passenger information (API) systems and other interoperable applications.
  • VERIFIER Travel Document and Bearer (TD&B).

    This     document examination and verification system allows border control officers to detect fraudulent travel documents and impostors by analysing the match between the travel document and its bearer’s biographic and biometric data.
  • Document Examination Support Centre (DESC).

    This     guidance provides support to immigration and border control officials, as well as to travel document issuing authorities, whenever a suspicious document has been intercepted and further information is required to determine its legitimacy.
Transborder traffic and informal crossings

In many countries, informal crossings are frequent. Special arrangements might be required for certain States’ citizens and their neighbours living in traditional settings in adjacent countries to allow for short-term, temporary cross-border movement. This might cover situations such as weddings and funerals or access to medical or educational facilities, particularly in an emergency. In such cases, the relevant ministries may authorize a competent authority to grant a locally issued entry permit for local border traffic of citizens and residents of neighbouring countries outside the normal requirements for the issuance of a visa. Such documents are generally issued to individuals after the presentation of appropriate supporting documents. Consulates of countries either side of the border normally issue such documents free of charge.

At some land boundaries, for example between the Central African Republic and South Sudan, borders are indicated and there is a border control/crossing point (BCP). However, people frequently cross easily in both directions either to go to a hospital on one side or markets on the other. Officials might occasionally ask to see an identity document if they feel that a legal identity check may be of necessity.

Good Practice
Transborder short-term crossings

The need for informal border arrangements is increasing, globally. Such arrangements recognize the cultural, educational, health, trade, economic and practical needs of citizens living in close proximity in border areas to conduct short term visits to each other’s States. While case-by-case arrangements for informal crossings are welcome, there is a need for more systematic ways to address short-term border crossings. It is therefore recommended that States put into place arrangements ahead of time that allow for short visits with minimal disruption. The following are examples of temporary or visa-free entry schemes that operate between States to facilitate cross-border management for close neighbouring populations.

  • Rwanda. In accordance with bilateral and multilateral agreements with regional bodies and neighbouring countries, members of border communities are issued with border passes to allow them to conduct cross-border activities. These documents are issued free of charge and are valid for a maximum period of 7 days.
  • The Russian Federation and Latvia. This agreement allows people residing in border areas to visit without visa certain localities in the Pskov region of the Russian Federation situated no more than 30 km from the border.
  • Mexico and Belize. Belizeans do not require a visa to visit Mexico. This applies to the entire country from Chetumal to Tijuana with border cards  or Tarjeta de Visitante Regional (TVR). A person who intends to travel to border towns and villages of Mexico and Guatemala may apply to the Director of Immigration and Nationality Services for a temporary border permit (TBP) in lieu of a passport to leave and enter Belize. Only Belizean citizens are eligible for a TBP.
Special entry circumstances: Humanitarian border management

There may be special entry circumstances in times of humanitarian crises arising from disasters. Complementary pathways for admission may include humanitarian admission programmes, community sponsorship of refugees, humanitarian visas, family reunification for family members, labour mobility schemes, education programmes and others (UNHCR, 2019). See also Durable solutions.

Many States have separate humanitarian programmes to assess whether certain individuals may be admitted. It is important to distinguish between humanitarian visas for those who are subject to substantial discrimination amounting to gross violation of human rights in their origin country, and those fleeing persecution and seeking asylum as per the 1951 Convention. International organizations, such as IOM and the United Nations High Commissioner for Refugees (UNHCR), work closely with States to facilitate the resettlement of designated refugees as one means of durable solution.

Good Practice
Humanitarian visas in Brazil

Following an increase of Syrian asylum applications in Brazil from 2012 onwards, the National Committee for Refugees (CONARE) approved Resolution 17/2013, which established a special humanitarian visa to be granted to Syrians affected by the conflict. The resolution allowed Brazilian diplomatic missions to issue humanitarian visas to Syrians before their entry into Brazil and, once in Brazil, allowed these applicants to apply for asylum via a “fast-track” procedure. In 2015, CONARE renewed the resolution for two more years and signed a cooperation agreement with UNHCR to support Brazilian embassies in countries neighbouring Syria with the visa procedures. In September 2017, this resolution was renewed again for another two years.

Source

Jubilut, L. L., Sombra Muiños de Andrade and de Lima Madureira , (Forced Migration Review), 2016.

Humanitarian border management (HBM) describes the border operations before, during and after humanitarian crises, involving large-scale cross-border movements. The objective of HBM is to help prevent the closure of borders and to assist the international community in effectively responding to humanitarian needs. When adopted into national legislation, HBM enables States to make rapid policy decisions on humanitarian entry as situations warrant, including with regard to temporary protection visas. HBM interventions protect crisis-affected individuals, including their right to non-refoulement, while respecting sovereignty and security. Assistance to governments in building HBM capacity involves, among other things:

  • Putting in place standard operating procedures (SOPs) to address sudden changes in the number of cross-border movements;
  • Developing and implementing emergency preparedness and contingency plans;
  • Establishing referral systems to ensure vulnerable migrants are assisted in the fastest way possible;
  • Creating inter-agency cooperation mechanisms for a coherent response in the event of a crisis;
  • Ensuring that border management practices can adapt to the needs of the specific groups found within complex mixed-migration flows.
To Go Further
Key messages
  • Point of entry (POE) is a “passage of international entry or exit of travellers, baggage, cargo, containers, conveyances, goods and postal parcels, as well as agencies and areas providing services to them on entry or exit” (IHR, 2005). There are typically three types of POE: airports, land border crossings (rail, road) and blue border crossing (sea, river, lakeports).
  • Upon entry into a State, persons are required to present themselves to immigration control with their travel and other identity documents for checking and verification purposes, or, if applicable, to request international protection.
  • A border management information system (BMIS) is a computerized system to collect and reconcile data on the movement of people (entry, exit, transit) together with passport and visa information. The use of such a system allows governments to collect, process, store and analyse information on arrivals and departures in real time.
  • Informal border crossings occur frequently. For example, some people might be able to easily and informally cross their country’s border with a neighbouring/adjacent country for short-term/temporary movements (for instance, to go to a hospital or market on the other side of the border) under a special arrangement. Officials might occasionally ask to see an identity document only if they are suspicious.
  • Humanitarian border management (HBM) describes border operations before, during and after humanitarian crises, involving large-scale cross-border movements. Applied correctly, HBM interventions protect crisis-affected individuals, including their right to non-refoulement, while respecting national sovereignty and security.
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