US crackdown on illegal immigration to impact many Canadian snowbirds, says lawyer

OTTAWA: An immigration lawyer has said that the US crackdown on illegal immigration will impact many Canadian snowbirds (persons who migrate from colder northern parts of North America to warmer southern locales, typically during the winter) who drive across the border, with officials requiring visitors to stay for at least a month to register on the government’s website, CTV News reported.

Rosanna Berardi, managing partner of Berardi Immigration Law in New York’s Buffalo, said snowbirds who are already staying in the US should also register on the website. In an interview with CTV News, Berardi said the new requirements will come into effect on April 11 and the US government will release a public notice online with more details on Wednesday.

Are you a Canadian #snowbird who is wondering if you can travel to the U.S.? Watch Rosanna’s video to find out more! pic.twitter.com/hU0aX2Hbpb

— Rosanna Berardi- Berardi Immigration Law (@BerardiSpeaks) November 17, 2020

She cited information from a document that the US Department of Homeland Security provided in advance to her and other members of the American Immigration Lawyers Association. Berardi said that the registration process is “pretty straightforward” and it is free to register. However, she mentioned that the process is “a bit lengthy”. She further said that people of Canada have been exempted from providing fingerprints.

She expressed concern about snowbirds, especially seniors, who may find the process “confusing or difficult”. Berardi said concerned snowbirds have inquired from her about the new requirements. Rosanna Berardi said, “It’s just something they’ve never had to think about. Most of the time they pack up their car across the border, enjoy the winter at their condo in Boca Raton”.

She stated, “What the government’s asking them to do isn’t overly difficult, but it is certainly something new that’s not generally on a Canadian’s radar screen.”

Watch: A snowbird returning to Canada after three months in the U.S. says the new border measures make her feel like a “criminal” in her own country. pic.twitter.com/7gowgGloDD

— CTV News (@CTVNews) February 25, 2021

According to the government document, they will also get proof of registration, and if they are at the age of 18 years and above, they will need to have the proof of registration with them at all times. However, she said those who will be unable to register may be fined up to USD 5000, detained for up to six months or both.

Berardi said, “I do not think that’s going to happen at all to any Canadian snowbird”. She noted, “However, I think that measure was put in there to encourage full compliance”.

On January 20, just after swearing in, President Trump issued an executive order, called ‘Protecting the American People Against Invasion’, which directed the Department of Homeland Security to implement requirements for “aliens” to register with the government under the Immigration and Nationality Act.

According to the rules, those aged 14 years and above must register and parents and legal guardians must register their children if they are aged below 14 years, in both cases within 30 days of their stay in the US. American Indians born in Canada who meet certain conditions have been exempted from the rules.

Evan Green, an immigration lawyer and a managing partner at Green and Spiegel in Toronto, said the new rules will be applicable to travellers driving to the US but not the passengers in the aircraft who already have registered. She termed the rules “draconian.”

In an interview with CTV News, he said, “So, Canadians have pretty much been trusted travellers. We don’t need visas”. Canadians who travel to the US for no longer than six months usually don’t require a visa. However, they are required to show proof of Canadian citizenship, according to the Canadian government. (ANI)