Federalism

[palani]

Right out of the Federal Register
http://frwebgate3.access.gpo.gov/cgi...io n=retrieve

C. Executive Order 13132: Federalism

Executive Order 13132 requires DHS and DOS to develop a process to ensure ``meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' Policies that have federalism implications are defined in the Executive Order to include rules that have ``substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' DHS and DOS have analyzed the rule in accordance with the principles and criteria in the Executive Order and have determined that it does not have federalism implications or a substantial direct effect on the States. The rule requires U.S. citizens and nonimmigrant aliens from Canada, Bermuda and Mexico entering the United States by land or by sea from Western Hemisphere countries to present a valid passport or other identified alternative document. States do not conduct activities subject to this rule. For these reasons, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.

I would guess that this represents public notice that the rule being discussed (passport requirements) have no impact on state nationals.

[palani]

Since the direct link I gave does not appear to work properly you may find the exerpt above in Federal Register April 3, 2008 Vol 73 No 65 (Rules and Regulations) http://www.gpoaccess.gov/fr/Index.html regarding new Homeland Security rules for

Documents Required for Travelers Departing From or Arriving in
the United States at Sea and Land Ports-of-Entry From Within the Western Hemisphere

Also observe they have made the following determination as well

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\1\ ``U.S. citizens'' as used in this rule refers to both U.S. citizens and U.S. non-citizen nationals.

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This appears to exclude "non-U.S. nationals" from any of the requirements.

[Notorial dissent]

The directive is referring to the fact that it does not impact the "states" since they do not, and cannot, operate customs and immigration services, or ports of entry into the US. Customs, immigration, and passports are strictly a Federal province.