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REASONS CANADIANS MAY BE DENIED ENTRY AT THE U.S. BORDER

Immigration law

22 Apr

Canadians are ‘powerless’ at the border’ As a general rule, Macklin said, "there’s no place where you have less power than at a border. You are not a citizen, and border officials can make demands that are unreasonable or even illegal. What can you do? Governments are not required to admit non-citizens, and if you're fortunate, the worst outcome is being turned away."

Now, she continued, it’s possible that Canadians could be "arrested, detained, and transported to a detention facility in Louisiana or Texas." Canadians depend on the "rule of law to ensure" that the government doesn't misuse its authority.

The previous week, the national government revised its travel recommendations for Canadians heading to the United States. The revision to the entry and departure guidelines emphasized that U.S. border officials have the authority to decide if a traveller is allowed entry into the country.

It advised Canadians to cooperate and be transparent when engaging with officials and cautioned that individuals could be “held in custody pending deportation” if denied entry.

There are many reasons why Canadians could be denied entry into the United States.  Common reasons for denying entry include: 

  1. Lacking the required visa 

  2. Being inadmissible due to a criminal conviction

  3. Presenting a threat to national security 

  4. Failing to comply with visa or admission conditions

  5. Cannabis use or association.

  6. If in the U.S. illegally for more than 180 days

  7. Health concerns 

  8. Criminal history 

  9. Security risks


The U.S. Citizens arriving by sea or land are required to provide:

  1. A U.S. passport or passport card 

  2. Enhanced driver's license 

  3. Enhanced tribal card 

  4. Trusted Traveler Program cards like Global Entry, NEXUS or SENTRI

  5. U.S. military and accompanying immediate family members traveling on military orders

  6. U.S. Merchant Mariners.  

  7. U.S. permanent residents need to show a valid green card or permanent resident card to renter the U.S. after traveling abroad.

However, right now, none of this is relevant," Macklin stated. "Canadian travelers should not overly rely on the belief that they have followed all the rules and there is no reason to deny them entry." She expressed that she views it as "unwise" for Canadians to assume they’ll be granted safe entry into the U.S. simply because they’ve "done nothing wrong."

What is needed to enter the United States?

While most Canadians will be allowed entry into the U.S. as usual, she noted, a few will not, and it’s impossible to predict who will be stopped, the reason behind it, or what actions U.S. authorities will take.

Well, It depends on your immigration status. Canadians should stay informed about the current entry requirements and regulations for the U.S. and be aware that the border process can be unpredictable. It's important to ensure all documentation is in order, including visas or travel authorizations if needed.

Macklin also suggests being cautious and not assuming that simply "doing nothing wrong" will guarantee safe entry. Canadians should be prepared for potential challenges at the border and understand that U.S. authorities have broad discretion in their decisions. If possible, consulting with legal experts or immigration lawyers may help in understanding any specific risks or concerns.

RRM Law can assist Canadians by providing expert legal advice on visa requirements, admissibility, and border regulations to ensure they are fully prepared before traveling to the U.S. The firm can help resolve complex issues, such as criminal records or security concerns, and offer representation if a traveler faces difficulties or denial of entry. 

Additionally, RRM Law can assist with filing appeals or waivers for inadmissibility, advocating on behalf of clients to improve their chances of successful entry and navigating the often-unpredictable border process. 

Affordable legal help. Book your consultation now. Call (905)798-3776