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Homeland Security fails to follow-through on cross-border directive

With the cross-border trucking pilot program with Mexico entering its sixth week, lawmakers are pressing the Department of Homeland Security to issue enforcement guidelines to law enforcement – something Congress mandated in 2006.

The Section 703 of the Safe Port Act of 2006 mandated that the Department of Homeland Security issue guidelines for federal state and local law enforcement officials on how to identify noncompliance with federal laws that apply to cross-border trucking.

Peter King, chairman of the House Committee on Homeland Security, and Candice Miller, chairman of the Subcommittee on Border and Maritime Security, wrote a letter to the secretary of Homeland Security asking why the agency had not complied with the mandate.

“We are encouraged that the Homeland Security Committee is taking the initiative to follow up on the status of the guidelines Congress called for years ago,” said OOIDA Director of Government Affairs Laura O’Neill. “With the rate at which they’re forging ahead with this program, one would think the DHS would be working in lockstep with DOT to determine how enforcement should work. Unfortunately, it’s open the border first, regulate later.”

The pair sent a letter on Nov. 21 to Secretary of Homeland Security Janet Napolitano asking about the agency’s “apparent failure” to issue the guidelines.

“Given the numerous regulations and strict oversight your department places over our domestic trucking industry, we would hope that your department would take an equally active role in foreign carriers operating within the United States,” King and Miller wrote.

King and Miller recognized the continued need for more resources needed by Homeland Security both at the ports and entry and all points in between.

The letter acknowledges the intention of the pilot program to increase the volumes of trucks crossing at the border. However, without the mandated guidance in place, the agency could be creating a “security and safety issue,” the lawmakers stated in the letter.

“Therefore, we want to make certain that the department is taking all precautions and steps necessary to ensure that we are properly and thoroughly vetting the trucks and drivers entering this country, and providing necessary guidance to our federal, state and local partners who will encounter these trucks in their various jurisdictions during the course of their duties,” they stated.

King and Miller closed the letter by requesting a written response outlining the agencies’ guidelines on the issue within 30 days.

The cross-border trucking pilot program officially began on Oct. 18 with the first truck operated by Transportes Olympic crossing the border days later. The agency credited Transportes for 18 months of operation in the previous cross-border demonstration program and granted the motor carrier permanent authority.

To date, it remains the only motor carrier granted authority through the pilot program.

One other motor carrier, Grupo Behr passed the pre-authority safety audit only to meet significant pushback during the Federal Register notice’s comment period. The agency has Grupo under further review.

More recently on Nov. 28, it was announced that the Mexico-based motor carrier Moises Alvarez Perez had successfully passed its pre-authority safety audit. That announcement was officially published in the Federal Register Nov. 29. The public has until Dec. 9 to comment on the audit or the company’s application to participate in the pilot program.

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