For decades, thousands of Canadian seniors who’ve flocked south to escape winter with our friendly neighbours have enjoyed the title of ‘Snowbird.’
Now, they’ll simply be ‘aliens,’ in the eyes of U.S. President Donald Trump’s rapidly changing — and hostile — government.
Amid a growing trade war between Canada and the U.S., details are emerging about new rules for snowbirds and other Canadians staying more than 30 days in America.
Despite conflicting information from official sources, it appears snowbirds will now have to register with U.S. Citizenship and Immigration services, after a January executive order from Trump.
Here’s what we know so far:
On inauguration day, Trump signed the Protecting the American People Against Invasion order, as part of a crackdown on illegal immigration.
“Many of these aliens unlawfully within the United States present significant threats to national security and public safety, committing vile and heinous acts against innocent Americans,” the order reads.
New “alien registration” requirements will go into effect April 11, according to a draft of the rule published this week in the U.S. federal registry, the official journal of the American government.
It will require all “aliens” over 14 staying in the country for more than 30 days to register, and be fingerprinted.
Parents must register their children under 14. Failure to do this could result in a fine of up to $5,000 or up to six months in prison.
A spokesperson for the Department of Homeland Security told the Star last week that “Canadian citizens are ‘registered’ when they are inspected and admitted by U.S. Customs and Border Protection (CBP) officers at U.S. ports of entry.” Canadians “who were lawfully admitted into the United States as non-immigrant visitors are not required to be further registered.”
However, a different spokesperson said in an email after the draft rule was published that “certain Canadians planning to visit the United States for longer than 30 days will be required to complete an alien registration form.”
“It is important to note that this rule will not affect Canadian visitors staying for less than 30 days, nor will it impact Canadian members of the NEXUS program or those travelling under the Visa Waiver Program, as these travelers (sic) have already submitted their biometric identification as part of those programs,” they added.
“The Department of Homeland Security fully supports this rule, which aligns with the Trump Administration’s ongoing efforts to enhance the safety and security of the United States.”
The spokesperson directed all other followup questions to the U.S. Citizenship and Immigration Services, an agency of the United States Department of Homeland Security, which did not respond to followup questions by deadline.
Unregistered aliens include “Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration,” the draft rule on the registry reads.
But it appears at the moment Canadians don’t need to be fingerprinted.
Stuart Friedman, a U.S. and Canadian immigration lawyer working in the border cities of Southfield, Mich., and Windsor told the Star that’s his understanding, “despite the harsh language in President Trump’s executive order.”
There are several forms that already qualify a person as being registered, including an I-94, Arrival-Departure Record, per the new rules.
Canadian travellers typically get this form when they cross by air or sea, but not by land.
Snowbirds can check online if they got one.
If travellers don’t have one or another form of registration, they’re considered unregistered, and need to fill out a new form called the G-325R.
To get that form, travellers must register at https://my.uscis.gov/. Friedman noted that people need to carry the registration document with them at all times and update the information within ten days of an address change, or face fines or possible jail time.
“I doubt incarceration will be sought against Canadians, but fines might be a different issue,” he said. “The ‘good news’ is that there is no fee (for the form) and it can all be done online.”
Rudy Buttignol, president of the Canadian Association of Retired Persons (CARP), said he’s heard from members across the country who are coming back from the U.S. early, cancelling trips or rethinking next year’s plans.
“It’s the uncertainty that’s really unnerving people and disturbing them,” he said, citing contrary reports about fingerprinting. “The ramblings from the president seem to be so random and idiosyncratic that people don’t know from day-to-day if something is going to change.”
Even seniors who were planning short visits of less than 30 days, says Buttinol, are now nervous — and angry — about border crossings.
“It just seems mean-spirited.”
