Canadians Navigate Confusing New U.S. Border Crossing Rules

Canadians traveling to the United States are facing confusion due to new border crossing rules that took effect on December 26, 2023. These changes, introduced by an executive order signed by former U.S. President Donald Trump, require non-Americans, including Canadians, who plan to stay longer than 30 days to register with U.S. Citizenship and Immigration Services and complete an I-94 form.

Leigh and Angela Faubert have made frequent trips to the U.S. for years, but their recent crossing between Aldergrove, B.C., and Washington was markedly different. After crossing, Leigh was directed to a separate area where he underwent fingerprinting, paid a fee of $30, and had his photograph taken. He expressed discomfort with the process, stating, “The fingerprinting was a little excessive, I think.” In contrast, Angela was able to cross using her Secure Certificate of Indian Status (SCIS) card, which exempted her from the same requirements. “I was very surprised that I had no issue crossing with my SCIS card, and not my passport,” she remarked.

The new regulations mandate that Canadians who plan to stay in the U.S. for more than 30 days fill out the I-94 form. Despite the prior guidance, many travelers have encountered discrepancies at the border. Winnipeggers Owa Schlaikjar and Yvonne Fostey, who own property in Arizona, reported confusion when a customs officer questioned the necessity of the form they presented after completing it ahead of their crossing on November 18, 2023. “The customs officer said, ‘What are you flagging this paper around for?’” Yvonne recalled, expressing frustration that their preparation seemed unnecessary.

Owa shared his disappointment over the situation, noting, “You had to pay in advance, and this is the first time I’ve experienced paying money to get into the United States. It was just basically a waste of time.” He emphasized that the confusion surrounding the new rules leaves many travelers anxious and uncertain about their ability to cross the border.

Understanding the New Requirements

According to Ksenia Tchern McCallum, a U.S.-Canadian attorney based in Toronto, it is essential for Canadians to have a clear plan before attempting to cross the border. She advises travelers to be prepared with details such as their destination address, length of stay, and return ticket. “They just want to determine what you are planning on doing for the time that you’re going to be in the States,” Tchern McCallum explained, noting that border agents are particularly vigilant about preventing unlawful activities.

Different border guards may pose varying questions or requirements, leading to inconsistent experiences among travelers. “Yes, there is additional scrutiny, but if you are honest and have a plan in hand, you should not have any issues entering,” she added.

Some Canadians Opt to Avoid Travel

The evolving political climate in the U.S. has led some Canadians, like Eric Fagen, to reconsider their travel plans altogether. Fagen and his family have traditionally spent five months during winter in Florida, but this year they have chosen to stay in Canada due to concerns about the current U.S. administration’s stance towards Canada. “We regret that we’re not going down,” he said, reflecting on the connections they have built with fellow RV enthusiasts in the U.S. Despite their decision to avoid travel for now, Fagen remains open to returning to the U.S. in the future.

As confusion continues over the new regulations, many Canadians are left navigating an uncertain landscape at the border. The mixed experiences underscore the need for clear communication and understanding of the new crossing requirements. With ongoing adjustments to U.S. border policies, travelers are advised to stay informed and prepared to ensure smoother crossings in the future.