January 31, 2017 – After discussions with U.S. Customs and
Border Protection at Toronto Pearson International Airport
yesterday and considering that the Trudeau government has received
assurances that Canadian passport holders will not be caught up in
an American travel ban that has barred citizens of seven countries
from entering the United States, things are as clear as mud for
many Canadians and Permanent Residents traveling and working in the
U.S.
This is what we can tell you....
With the recent travel legislation changes in the U.S., individuals
carrying passports from the following countries are not permitted
to travel to the United States at this time:
1. Iran
2. Iraq
3. Libya
4. Syria
5. Yemen
6. Sudan
7. Somalia
Anyone with Permanent Resident status in Canada who carries a
passport from any of the countries listed above cannot travel into
the US at this time. That is inclusive of individuals
with valid U.S. travel visas. Those visas will be
cancelled.
We further caution that anyone with Canadian Citizenship who
is from any of the countries listed above limit travel into the US
at this time and more importantly pursue the below suggested means
of travel.
If a Canadian Citizen MUST fly into the U.S., they should avoid any
travel that does not have U.S. customs PRE-FLIGHT INSPECTION (ex:
small airports such as Billy Bishop). Pre-flight
inspection allows for the review to occur on Canadian soil, and a
result they may exit the airport without issue.
If a Canadian Citizen MUST drive into the US, via regular border
crossing, the expectation is that if denied entry, the
individual will be allowed to return directly to Canada.
The ultimate scenario to be avoided for individuals associated with
these seven countries is flying directly into the U.S. That
puts an individual at the greatest risk of potential detention in
the U.S., as the interpretation of the U.S. Executive Order
is determined by the individual U.S. officer. Moreover,
although unlikely, if entry is denied, the officer may have
difficulty determining whether the individual should be removed
back to Canada or the country of birth/dual nationality, i.e. the
determined "citizenship" of the traveler.
Canadian federal government has received assurance from the U.S.
government that Canadians born in and/or with dual citizenship with
one of these nations is permitted entry. Unfortunately, we
have to be overly cautious as the Executive Order continues to take
form. These suggested means of travel minimize the identified
risks.
For additional information on the specifics of your case,
please contact us.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.