‘Take extra precautionary measures’: Visiting the U.S.

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World activity has led the Canadian government to release the latest travel advice for citizens entering the United States. This is what you know about changes and preventive measures.

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What changes have happened when entering the United States?

Although Canada’s latest travel consultation shows that travelers “take normal safety precautions” (i.e. what they usually do in Canada), it also points to new U.S. rules that require registration of foreign nationals who have visited the country for more than 30 days.

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“Canadians and other foreign nationals who have been visiting the United States for more than 30 days must be registered with the U.S. government,” the website states. “Failure to comply with the registration requirements may result in penalties, fines and misdemeanor prosecution.”

It recommends consulting the U.S. Citizenship and Immigration Services (USCIS) website to determine if you need to register and how. You can verify that you have automatically registered on entry to the United States by looking for your I-94 admission form on the U.S. Customs and Border Protection website.

What are the rights of Canadians at the U.S. border?

In its latest news, the US legal website NOLO pointed out the expectation when entering the United States: “Foreign nationals who try to come to the United States temporarily or permanently during the application and screening process have few rights. You do not have the right to obtain the right of an attorney in a junior or middle school examination.”

Furthermore, while the Fourth Amendment to the U.S. Constitution prevents unreasonable searches and seizures, “CBP authorities… are considered to be an exception to border searches,” Nolo said. “This is a doctrine that allows unreasonable searches and epilepsy on international borders.”

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This type of search is considered a “reasonable search” that exempts CBP officials from the requirement to obtain a warrant or establish a possible cause.

“Your luggage and electronics can be searched without your permission, and CBP officials can ask you almost any questions,” Nolo added. The title of this section is: “Understanding your (lack of) rights.”

Travelers also have the right to remain silent and to be searched. However, utilizing these rights may also result in a denied entry. There is also the right to exit the border on its own.

What questions can be asked at the border?

According to government agencies at travel consulting firms, all visitors should be prepared to answer basic questions. These include the purpose of the visit, the time of stay, the location of accommodation and the nature of your business and your career.

Can I search for a phone or laptop at the border?

Yes. Although the American Civil Liberties Union calls it a “controversial legal issue,” it is clear to the U.S. government: “CBP officials can search for a traveler’s cell phone, computer, camera or other electronic device during the inspection.”

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The reason given is that these searches can identify and combat terrorist activities, child pornography, drug smuggling, human smuggling, etc., and determine the intention of an individual when entering the United States

The CBP said that last year, international travelers searched their electronic devices, searching for 47,047 searches, with more than 420 million travelers conducting the search.

Should I worry about consultation?

Yes. A French scientist was denied entry into the United States this month after border agents found “hate” text messages about Donald Trump and Elon Musk on his phone.

Despite few problems at the intersections entering the United States, several compelling cases have been detained for weeks recently, including a 29-year-old German tattoo artist. A British woman was denied entry into Canada from Washington state and was arrested on her way back to the United States. Jastian Mooney, Canada, recently wrote about the time of detention.

“These stories are absolutely worrying,” Noor Zafar, a senior staff attorney for the ACLU Immigration Rights Program, told The Washington Post. “I think we’re just a period of more active policy implementation at the border. I think it requires additional precautions for people.”

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What precautions should be taken before heading to the border?

Zafar recommends travelers retain their immigration attorney’s phone number or other emergency contacts when crossing the U.S. border.

U.S. citizens cannot be denied entry into the country, so while dual nationals are not required to carry both U.S. and Canadian passports at the same time, owning both documents may make crossing easier.

The U.S. government also lists many trusted traveler plans, including Nexus. These can speed up and simplify crossings.

Additionally, U.S. law firm Harter Secrest and Emery noted that border officials checking a phone or laptop can only access content on the device, which must be set to airplane mode. The company’s advice: “Is there any information that can be kept ‘on the cloud’ without downloading it to the device?” and: “Don’t keep any information, data or files on the device, you are unwilling to show it to U.S. government officials.”

Are travel updates common?

Yes. Government travel advice and consultation pages are updated frequently. In the past few days, it has updated the pages of Senegal, Kuwait, Nicaragua and Israel (to add their “need help?” section) as well as Turkey (warning political demonstrations and arbitrary arrests) and the United Kingdom (to remove information about the Heathrow closure).

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