What to do if you're stopped at the U.S. border
Some Canadians travelling to the United States are nervous about crossing the border amid stories of people having difficulties or even being detained. Here is some advice for travellers at the U.S. border, whether driving or at the airport.
Searches of your person, baggage and electronic devices.
The United States Constitution's Fourth Amendment protects individuals from unreasonable searches and seizures, requiring law enforcement to obtain a warrant based on probable cause before conducting a search.
However this only applies to U.S. citizens inside the U.S. homeland. As a non-citizen at a border entry point, you must consent to a search or withdraw your application to enter the U.S.
You will be asked for your passwords so they can search your phone or laptop. If you are concerned about your privacy, consider leaving your phone at home and taking a burner phone.
Even if you leave your electronics at home, the Customs and Border Protection (“CBP”) agent can easily google your name and find your social media profiles.
CBP will look for anything considered political speech or anti-American. In fact, they don’t have to provide a reason to deny entry to the U.S.
Travelling to the U.S. for Vacation
Be ready to show proof of your travel itinerary. Have your return date memorized. Don’t be vague about why you are visiting and be ready to answer questions about what will you be doing while on vacation. Be ready to show the following:
Airline tickets, especially your return flight.
Hotel addresses, phone numbers and confirmation of your booking.
If you are visiting relatives, have their phone number and address handy.
If you have any concert or event tickets, include them.
Travelling to the U.S. for Business
Here's where it gets tricky.
One of the mandates of U.S. Customs and Border Protection is to protect American jobs. The CBP agent will look for a reason to deny your entry. Even worse, you could be banned from entry in the future.
"What is the nature of your visit?"
If you reply simply ‘work’ or ‘attending a company meeting’ or ‘just visiting a customer’, these are all considered work, and you WILL be denied entry.
A letter from your employer - even if it's an American company - will not help you.
The bottom line: you cannot enter the U.S. for doing ANY kind of work, unless you have a work visa.
Apply for a work visa, or consider alternatives to travel, such as teleconferencing with co-workers or customers.
Foreign-born Citizens
If you are a Canadian citizen but were born in a country deemed hostile to the USA (for example, Iran), you are more likely to be pulled aside into secondary screening. Visible minorities are especially vulnerable.
Withdrawing your Application
You can decline a search and withdraw your decision to board your flight. If you are in CBP at a Canadian airport, you are still on Canadian soil and it's easy to turn around and leave if you choose to.
However, if you are crossing at a land border, you are already inside the U.S. and your legal options are significantly different. It would be more difficult to return and you could be taken into custody.
General Rules to Follow
Remain Polite and Respectful: Always treat border officials with respect and follow their instructions.
Have Your Documents Handy: Ensure you have all necessary travel documents ready, such as your passport, visa (if applicable), and any other relevant paperwork.
Answer Questions Truthfully: Be honest when answering questions from border officials. Providing false information can lead to complications.
Stay Calm and Patient: Wait times can vary, so patience is key. Take deep breaths and remain composed as border procedures are followed.
Immigration lawyer Ravi Jain has some advice for travellers at the U.S. border, whether driving or at the airport. He spoke to the CBC's Tom Murphy.
Source: CBC