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No More Rubber-Stamping at U.S. Border
Pubdate: Mon, 26 Dec 2005
Source: Montreal Gazette (CN QU)
Copyright: 2005 The Gazette, a division of Southam Inc.
Contact: http://www.canada.com/montreal/montrealgazette/
Details: http://www.mapinc.org/media/274
Author: Michelle Lalonde, The Gazette
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
NO MORE RUBBER-STAMPING AT U.S. BORDER
There was a time when a car full of Canadians would barely have to
slow down at the customs booth while crossing the border into the
United States.
"Citizenship?" the border guard would yell into the car.
"Canadian," we'd answer one by one, as the guard fixed us each by
turn with a bored gaze. Two or three more cursory questions and off
we'd drive. No papers requested, no car search, no hassle.
Of course, the border-crossing routine changed radically after the
terrorist attacks on the United States in 2001. But more recently,
U.S.-Canada relations have soured over trade disputes,
well-publicized insults, policy criticism and veiled threats that
would have been unheard of only a few years ago. There has even been
talk in the United States lately of building a wall along the
Canada-U.S. border.
And at the same time, anecdotes are surfacing about Canadians being
turned back at the border for what seem like frivolous reasons. In
some cases, decades-old indiscretions or slightly questionable cargo
have served as sufficient reason to turn Canadian travellers back.
Last month, Bob and Diana Hawley of Kenora, Ont., were refused entry
at a border crossing at International Falls in Minnesota because they
had a tool box in their car.
The Hawleys, snowbirds in their early 70s, were heading to join a
group of friends at their Florida condo, as they do every winter. The
tool box they had, a small yellow item with normal household tools
inside, is the same one they have always brought along in case of car
trouble and to do any repairs necessary at their winter home.
Border officials decided the tool box was evidence that Bob Hawley,
who wears a knee brace and has trouble walking, was intending to do
construction work in the United States.
Also last month, a pair of Quebecers who now live in British Columbia
were jailed for more than a week after they tried to cross into
Washington state. The two, a middle-age mother and her adult
daughter, were turned back because the mother had a 30-year-old
conviction for marijuana possession on her record. Then as they were
driving back home, the two say, they took a wrong exit from the
highway and accidentally ended up in the United States again. They
were arrested and spent more than a week in a special Washington
prison for suspected Homeland Security breachers.
But U.S. border officials categorically deny that there is any kind
of new crackdown on Canadian travellers to the United States.
"Thousands of Canadians cross our northern border every day, and I
can tell you there is definitely no situation or new policy whereby
we are scrutinizing Canadians more than anybody else," said Ted Woo,
chief of public affairs with U.S. Customs and Border Protection field
office in Boston.
Michael MacKenzie, spokesperson for the Canadian Snowbird
Association, said his members have certainly noticed tighter security
and resulting slowdowns in crossing the border since the terrorist
attacks in the United States. But he said he is not aware of any new
complaints of snowbirds being denied entry for frivolous reasons.
"What we hear about typically is that security is a lot more of a
concern and people are being turned away if they don't have all their
documents. You used to just be able to show your driver's licence and
be on your way. Now you have to bring your passport and airline
tickets, and a one-way ticket is not good enough. They want to see
return tickets, hotel accommodations, wedding invitations."
Montreal lawyer Michael Stober says Canadian travellers need to be
aware that they don't automatically have a right to enter the United States.
"Going into the United States or any foreign country is not your
right. It is a very discretionary thing," he said.
And if you are charged with or convicted of a crime in Canada, he
notes, you might want to consider staying at home, at least until
your record is cleared.
"I tell my clients, if you are charged today with a criminal offence,
do not try to step foot into the United States until it's over," he said.
It is possible to have charges removed from police records in Canada
with the help of a lawyer if you are acquitted of a criminal charge
or convicted but eventually pardoned.
But if you try to cross the border before your Canadian record has
been cleared, the border guards might flag your name.
"They might send you back or they might let you in, but they will
have that information in their computers forever. ... I tell people -
especially young people - with minor convictions, not to go to the
United States until they are acquitted or pardoned, and their record
is cleared. What if you decide to move to the U.S. later, or you
marry a U.S. citizen and you apply for a green card and this pops up?
You could be refused entry just because you wanted to go shopping in
Plattsburgh."
Bill Anthony, a spokesperson for the Custom and Border Protection
agency in Washington, D.C., agrees that a police record will probably
cause trouble at the border.
"Our ability to gather information from law enforcement agencies is
so good now that I would advise anybody who has a legal problem of
any kind to make sure they fix it before they come" to the United
States, he said.
But he added once someone has served their sentence, they are usually
admitted unless there are other circumstances that raise doubts.
"Normally, when somebody has satisfied their obligation, they are
treated like other citizens, so a simple marijuana (possession)
arrest 20 years ago should not be reason enough to keep someone out
of the country," he said.
But he noted a border agent has to assess a number of factors and
make a judgment call about the intentions of the traveller.
He said Canadians should be sure to bring passports and any
documentation that backs up the stated reasons for their visit,
including conference documents or accommodation arrangements. But he
stressed there is no crackdown on Canadian travellers.
"The only reason we might tighten things up at the (Canada-U.S.)
border is if there was some kind of specific terrorist threat. We are
certainly not trying to keep snowbirds out of our country."
[sidebar]
REASONS YOU CAN BE KEPT OUT OF THE U.S.
You are likely to be denied entry into the United States if:
You have been found guilty of crimes of moral turpitude (child
molestation, rape, fraud, theft, etc.).
You have been found guilty of a major criminal offence (murder, grand
theft, etc.).
You have overstayed a previous visit to the U.S.
You are suspected of having an infectious disease.
You have a physical or mental disorder and the behaviour associated
with the disorder poses a threat.
You are known or suspected by U.S. authorities to be a drug abuser or addict.
You have been convicted of a crime related to a controlled substance.
You cannot prove you have sufficient funds to support yourself while
in the U.S.
You have been denied entry into the U.S. in the past.
You have multiple criminal convictions (other than purely political
offences) and have been sentenced to more than five years in prison.
Exceptions: If you were under 18 years of age when you committed the
crime, and your sentence was served more than five years before your
attempt to enter the United States, you will usually be admitted.
If you were convicted of a crime and the maximum possible penalty for
that crime did not exceed imprisonment for one year, and if your
actual sentence was less than six months, you will usually be admitted.
Recourse:
If you have been denied entry into the United States for a reason you
believe should not apply or should no longer apply, you can explain
the situation in a written letter to: Customs and Border Protection
FOIA/CSU, Room 5.5C, 1300 Pennsylvania Ave. N.W., Washington, D.C.
20229, or contact the U.S. embassy to request a waiver.
For more information, visit www.cbp.gov online.
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MAP posted-by: Richard Lake