A U.S. crackdown on illegal immigration will affect many Canadian snowbirds who drive across the border, with officials requiring visitors staying for at least a month to register on the government’s website, says an immigration lawyer.
Rosanna Berardi, managing partner of Berardi Immigration Law in Buffalo, N.Y., says snowbirds who are already in the U.S. should also register.
The new requirements will take effect on April 11 and the U.S. government will publish on Wednesday a public notice online with more details, Berardi told CTVNews.ca in a video interview Monday. Berardi cited information from a document the U.S. Department of Homeland Security provided in advance to her and other members of the American Immigration Lawyers Association.
When asked questions about how the new requirements would affect Canadian snowbirds, the U.S. government directed CTVNews.ca to its website on Monday.
Berardi says the registration process is “pretty straightforward” and it’s free to register, though the process is “a bit lengthy.” Canadians are also exempt from providing fingerprints, she added.
Still, she is concerned about snowbirds, typically seniors, who may find the process “confusing or difficult.” Berardi said she has received many inquiries from concerned snowbirds about the new requirements.
“It’s just something they’ve never had to think about. Most of the time they pack up their car across the border, enjoy the winter at their condo in Boca Raton,” she said. “What the government’s asking them to do isn’t overly difficult, but it is certainly something new that’s not generally on a Canadian’s radar screen.”
They will also get proof of registration, and if they are aged 18 and over, they will need to carry the proof of registration with them at all times, according to the government document.
However, she said those who fail to register may be fined up to US$5,000, detained for up to six months, or both.
“I do not think that’s going to happen at all to any Canadian snowbird,” Berardi said. “However, I think that measure was put in there to encourage full compliance.”
U.S. President Donald Trump issued an executive order, called Protecting the American People Against Invasion, on Jan. 20, which directed the Department of Homeland Security to enforce requirements for “aliens” to register with the government under the Immigration and Nationality Act. Under the rules, those aged 14 and over must register, and parents and legal guardians must register their children if they are under 14, in both cases within 30 days of their stay in the U.S.
The rules exempt American Indians born in Canada who meet certain conditions.
“It is something that’s existed before, but we’ve never seen it really applied to Canadians in the United States,” Berardi said. “In my career of 28 years, generally there’d be a carveout for Canadians that would say this applies to everybody in the world except Canada. This time around, it’s included Canada.”
The new rules apply to travellers driving to the United States, but not airplane passengers who already have to register, says Evan Green, an immigration lawyer and a managing partner at Green and Spiegel in Toronto.
Green called the rules “draconian.”
“This is all brand new,” he said in a video interview with CTVNews.ca on Friday. “So Canadians have pretty much been trusted travellers. We don’t need visas.”
Canadians visiting the U.S. for no longer than six months usually don’t need a visa but must show proof of Canadian citizenship, such as passports, according to the Canadian government.
When asked about the enforcement of U.S. registration requirements, Global Affairs Canada said in an email to CTVNews.ca on Friday it is aware of the guidance and “is closely monitoring this development.”
Rules a ‘slap in the face’
Many Canadian retirees are feeling “annoyed” about the new registration rules, says Rudy Buttignol, president of the Canadian Association of Retired Persons (CARP).
“Unfortunately, these moves by the United States is just one more irritant, especially for snowbirds that travel regularly down south,” Buttignol said in a video interview with CTVNews.ca from Vancouver on Monday. “The overwhelming reaction that we’re getting is that people are changing their travel plans. They’re not feeling welcome.
“People are cancelling their bookings if they can. And if they can’t, in many cases, people are already thinking about next year and what they’ll do.”
While registering may not be a big hassle, he said the new rules are just another “slap in the face” to Canadians.
“I think it’s more of the sense that it’s an affront to this long-standing friendship between our two nations that all of a sudden we’re treated differently, and I think people don’t like that,” Buttignol said. “It’s a real cooling of relations that seems completely unnecessary.”
