PolicyBrief
H.R. 2962
119th CongressApr 17th 2025
Border Airport Fairness Act of 2025
IN COMMITTEE

This bill mandates the designation of eligible border-adjacent airports as official ports of entry, waiving user fees to promote cross-border traffic and trade.

Elise Stefanik
R

Elise Stefanik

Representative

NY-21

LEGISLATION

Border Airports Eye Fee Cuts: 2025 Act Could Grant 'Port of Entry' Status & Axe User Charges

The "Border Airport Fairness Act of 2025" proposes a significant shift for certain airports located near U.S. land borders. If enacted, this legislation would direct the President to designate qualifying airports as official ports of entry. A key outcome of this designation would be the termination of specific user fees currently levied under section 236 of the Trade and Tariff Act of 1984 for these airports.

The Ground Rules: Which Airports Get the VIP Treatment?

So, what does it take for an airport to get this new status? According to Section 2 of the bill, an airport must check several boxes: it needs to be a primary airport, situated within 30 miles of either the northern or southern U.S. international land border, and be formally associated with a land border crossing or seaport that's also within a 30-mile radius. Crucially, these airports must also meet Customs and Border Protection's (CBP) existing criteria for establishing a port of entry. The bill references Treasury Decisions 8237, 8614, and 8765, or any updated guidance, as the source for these CBP criteria.

Becoming a 'port of entry' means an airport is an official point where CBP can process international flights, passengers, and cargo. The big financial carrot here is the elimination of 'user fees.' These are fees that some airports currently pay to CBP to cover the costs of customs and immigration services, as allowed by Section 236 of the Trade and Tariff Act of 1984. For airports that qualify under this new bill, those fees would be gone.

From Tarmac to Your Wallet: What This Could Mean on the Ground

This change could have a few ripple effects. For travelers and businesses using these newly designated airports, it might mean slightly lower ticket prices or shipping costs if airports pass on their savings from not paying user fees. It could also streamline the entry process at these locations. Imagine a small business near the Canadian border that regularly flies in supplies; this could make their operations a bit cheaper and smoother. Similarly, for individuals, it might make cross-border travel through these airports more convenient.

However, there are other sides to consider. While designated airports would save money, CBP might face increased operational costs to service these potentially new or expanded ports of entry. The bill doesn't explicitly detail how these CBP costs would be covered. Furthermore, airports that don't meet the criteria, or are just outside the 30-mile zone, might find themselves at a competitive disadvantage compared to their newly fee-free neighbors.

Reading Between the Lines: The 'Updated Guidance' Wrinkle

The bill specifies that CBP's criteria for port of entry designation are based on existing Treasury Decisions or any updated guidance. This "updated guidance" phrase is worth noting. It means the specific requirements for an airport to qualify could change over time based on CBP's internal updates, potentially without new legislation. This introduces a degree of flexibility, but also a potential for ambiguity or shifts in who qualifies down the line. The practical rollout will depend on how CBP interprets and applies these criteria, and how it manages resources at any newly designated ports.