[Congressional Record Volume 157, Number 156 (Tuesday, October 18, 2011)]
[Senate]
[Pages S6667-S6668]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself and Mr. Udall of New Mexico):
  S. 1730. A bill to permit Mexican nationals who legally enter the 
United States with a valid border Crossing Card through specific ports 
of entry in New Mexico to remain in southern New Mexico for up to 30 
days, to the Committee on the Judiciary.
  Mr. BINGAMAN. Mr. President, I rise today to introduce legislation, 
along with Senator Tom Udall, aimed at increasing economic activity in 
New Mexico communities situated along the U.S.-Mexico border.
  Currently, Mexican nationals holding biometric Border Crossing Cards, 
also known as Laser Visas, may travel up to 25 miles into the United 
States for a period of up to 30 days. The purpose of this initiative is 
to promote border commerce by allowing frequent, low-risk visitors to 
travel to U.S. border communities to conduct business, visit family, 
and shop.
  Unfortunately, New Mexico has not benefited under this program to the 
extent that other border states have. The three largest cities along 
the New Mexico border--Las Cruces, Lordsburg, and Deming--are all 
outside of the current 25-mile geographical limit, and Mexican 
nationals with BCCs must acquire additional permits to visit these 
cities.
  In order to address a similar situation, an exception was made for 
Arizona in 1999 to allow BCC holders to travel to Tucson. This change 
resulted in increased economic activity without in any way jeopardizing 
security. Tailoring the program to maximize its impact in the 
respective border states is the right approach, and I fail to see why a 
similar modification should not be made for New Mexico.
  The legislation we are introducing today, the Southern New Mexico 
Economic Development Act, would expand the geographic limit from 25 
miles to 75 miles to permit visitors coming to New Mexico to reach the 
larger cities in the southern part of the state. This change would 
facilitate economic activity at a crucial time as border communities 
are looking to increase tourism and create growth.
  Changing this regulation wouldn't cost taxpayer money, it will 
increase economic activity in communities that have been hit hard by 
the economic downturn, and will do so in a manner consistent with our 
border security efforts.
  I look forward to working with my colleagues to pass this 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1730

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Southern New Mexico Economic 
     Development Act''.

     SEC. 2. TEMPORARY ADMITTANCE OF MEXICAN NATIONALS WITH BORDER 
                   CROSSING CARDS.

       The Secretary of Homeland Security shall permit a national 
     of Mexico, who enters the United States with a valid Border 
     Crossing Card (as described in section 212.1(c)(1)(i) of 
     title 8, Code of Federal Regulations, as in effect on the 
     date of the enactment of this Act), and who is admitted to 
     the United States at the Columbus, Santa Teresa, or Antelope 
     Wells port of entry in New Mexico, to remain in New Mexico 
     (within 75 miles of the international border between the 
     United States and Mexico) for a period not to exceed 30 days.

  Mr. UDALL of New Mexico. Mr. President, I rise today to join Senator 
Bingaman in introducing the Southern New Mexico Economic Development 
Act, legislation that will bring additional business from Mexico to 
cities and towns in southern New Mexico.
  Our bill would increase economic opportunities for southern New 
Mexico businesses by extending the distance that Mexicans who are 
issued Border Crossing Cards, BCC, by the U.S. State Department can 
travel in New Mexico without the need to obtain a Form I-94 and pay an 
additional fee.
  The BCC is a credit card-style document with many security features 
and 10-year validity. BCCs are only issued to applicants who are 
citizens and residents of Mexico. Applicants must meet the eligibility 
standards for B1/B2 visas and undergo fingerprinting and an interview 
at the U.S. Consulate and they must demonstrate that they have ties to 
Mexico that would compel them to return after a temporary stay in the 
United States.
  Currently, BCC holders who are authorized to enter into the United 
States can remain up to 30 days and travel no more than 25 miles beyond 
the border, except in Arizona where they can travel up to 75 miles. 
Those who wish to travel farther or remain longer must request an I-94 
form, arrival/departure record, at the port of entry and pay a small 
fee. Our bill would extend the distance BCC holders who enter the 
United States from New Mexico ports of entry can travel within the 
State from 25 miles to 75 miles.
  Arizona provides a precedent for making this change. In 1999, the 
border zone in Arizona was extended from 25 miles to 75 miles because 
there were no large Arizona cities within 25 miles of the border. This 
was done through the Federal rulemaking process. The extension was 
designed to specifically include Tucson within the zone so that it 
could get the economic benefit of BCC holders entering Arizona. Tucson 
conducted a study indicating that, after implementation of this rule, 
the commercial gain from Mexican visitors was estimated to reach $56.3 
million a year.
  However, in Texas, New Mexico, and California, the border zone limit 
remains 25 miles. This doesn't hurt Texas and California since El Paso, 
San Diego, and many smaller towns in those states are within the 25 
mile zone. However, like Arizona, New Mexico does not have a city 
within 25 miles of the border. This means BCC holders cannot travel to 
southern New Mexico cities like Las Cruces, Deming, and Lordsburg 
without additional paperwork and paying a fee. Because of this, many 
visitors face the inconvenience

[[Page S6668]]

of having to drive all the way to Juarez and enter the U.S. at an El 
Paso port of entry, despite living closer to a port of entry in New 
Mexico.
  Extending the zone can be done through rulemaking, as it was with 
Arizona, and I am happy to work with Secretary Napolitano and CBP 
Commissioner Bersin to make that happen. However, if we are unable to 
resolve this issue through rulemaking, I believe it will be necessary 
to push for passage of the legislation we are introducing today.
  There is strong support from elected officials and the business 
community in southern New Mexico for extending the border zone to 75 
miles. Just recently, Luna County Commissioner Jay Spivey worked with 
State Senator John Arthur Smith and Representative Dona Irwin to 
introduce a Joint Memorial calling on DHS to extend the border zone to 
75 miles. The Memorial unanimously passed both houses of the New Mexico 
state legislature in September.
  This is fundamentally an issue of fairness--New Mexico should have 
the same opportunities the other three Border States enjoy because of 
the economic benefits of BCC holders visiting their cities.
                                 ______