U.S. President Donald Trump’s plan to supplement Transportation Security Administration (TSA) officers with Immigration and Customs Enforcement (ICE) officers during the partial government shutdown began Monday at several U.S. airports.
While the rate at which Canadians are travelling south has dwindled in the last year, some experts say Canadians should be prepared for the “broad powers” that ICE officers have in the U.S. if they are transiting through U.S. airports right now.
“For Canadians, the rules haven’t really changed. Border officials still have very broad powers. I think what’s really a catching Canadians off guard a little bit isn’t the new rules, but the visibility of enforcement,” said Mario Bellissimo, founder and policy analyst at Toronto-based law firm Bellissimo Law Group PC.
On Monday morning, a handful of federal officers were seen by The Associated Press near busy lines at several airports, including:
- Hartsfield–Jackson Atlanta International Airport
- Louis Armstrong International, New Orleans
- George Bush Intercontinental, Houston
- William P. Hobby airport, Houston
Trump said on Sunday that he would order federal immigration agents to airports to assist TSA by guarding exit lanes or checking passenger IDs unless Democrats agreed to fund the Department of Homeland Security.
Funding for the department lapsed Feb. 14, as Democrats refused to fund ICE as well as Customs and Border Protection without changes to their operations in the wake of the deaths of Alex Pretti and Renee Good in Minneapolis.
Federal officers are a routine presence at international airports, where Customs and Border Protection officers screen arriving travelers and Homeland Security Investigations agents handle criminal cases tied to smuggling, trafficking and fraud. What’s unusual in the current moment is their visibility at TSA security checkpoints.
While in Canada, a person detained by immigration officials has the right to review the detention. Bellissimo, however, warned that Canadians should keep in mind that if you are detained in the U.S, “you are now subject to the laws of the United States.”
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“Canada can have consular support, can assist families, but ultimately Canada can’t overturn a decision of a foreign jurisdiction and that includes the United States,” he said.
Generally, delays can occur if you are referred for a “secondary examination,” Bellissimo continued.
“The first officer you’re going to meet will collect initial information and conduct an assessment to determine, ‘should we dig deeper here?’ And if that is the case, then it’s moved to secondary. That’s really where the inquiries become extensive and can lead to delays and ultimately, refusals or enforcement action at the border.”
ICE officers can have “very broad discretionary authority, including (over) your devices,” he added, noting that ICE officers could ask to look at your phone, although this is a power U.S. border officials have regularly, as well.
“Your smartphone now houses more information, likely than if someone ransacked your home or went through all the documents in your home,” Bellissimo said. He noted however that carrying a burner phone during your travel might raise even more red flags.
What to do if you’re detained
If you are detained, it might be a good idea to hire a lawyer, experts say.
“If you are detained by ICE or Border Patrol, you have the right to hire a lawyer, but the government does not have to provide one for you. Ask for a list of free or low-cost alternatives,” the American Civil Liberties Union (ACLU) says on its website.
The ACLU also notes that people have “the right to call a lawyer or your family, and you have the right to be visited by a lawyer in detention.” The organization’s website also says that people “have the right to have your attorney with you at any hearing before an immigration judge.”
The Immigrant Defense Project’s guide to navigating an ICE detention says, “Don’t lie or show false documentation,” adding that “It can only hurt you in the future.”
The best approach is to be “clear” why you are visiting the U.S. and have your documentation at the ready, Bellissimo said.
This includes your flight tickets, knowing how long you’re going to be in the U.S. or any letter or document supporting the purpose of your visit.
In March, U.S. authorities said any foreign nationals, including Canadians, visiting the U.S. for more than 30 days would have to register with the government in order to avoid penalties.
“I go back to best practices. Be truthful, be consistent, be clear. If your intention is consistent on why you’re entering the United States and the documentation support that you’re going to be just fine,” Bellissimo said.
Canadian citizens and permanent residents can reach out to the Canadian embassy in Washington, D.C. or the consulates in Atlanta, Boston, Chicago, Dallas, Denver, Detroit, Honolulu, Los Angeles, Miami, Minneapolis, New York, San Francisco or Seattle for consular assistance.
People can also contact Canadian Citizen Services at ccs.scc@international.gc.ca or 1-844-880-6519.
–with files from Associated Press
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