An immigration lawyer has warned that a recent US crackdown on illegal immigration will affect many Canadian snowbirds who typically drive across the border. According to CTV News, officials will now require visitors to stay for at least a month before registering on the government’s website.
Rosanna Berardi, managing partner of Berardi Immigration Law in Buffalo, New York, stated that snowbirds already staying in the US will also need to register on the website. In an interview with CTV News, Berardi confirmed that the new requirements will take effect on April 11, with more details expected in a public notice from the US government this Wednesday.
She referred to a document from the US Department of Homeland Security that was provided in advance to her and other members of the American Immigration Lawyers Association.
Berardi explained that the registration process is “pretty straightforward” and free of charge, although she noted it could be “a bit lengthy.” Additionally, she highlighted that Canadians are exempt from providing fingerprints.
Berardi expressed concern that some snowbirds, especially seniors, might find the process “confusing or difficult.” Many concerned snowbirds have reached out to her for clarification on the new rules.
“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,” Berardi said. She added, “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.”
The new requirements state that snowbirds will receive proof of registration, and individuals aged 18 or above must carry the proof with them at all times. Failure to register could result in a fine of up to $5,000, detention for up to six months, or both.
However, Berardi reassured that she does not believe Canadian snowbirds will face penalties. “I do not think that’s going to happen at all to any Canadian snowbird,” she said, noting that the penalty was likely intended to encourage full compliance.
On January 20, shortly after taking office, President Trump issued an executive order titled “Protecting the American People Against Invasion,” which instructed the Department of Homeland Security to implement new registration requirements under the Immigration and Nationality Act.
The new regulations apply to individuals aged 14 and above, and parents or legal guardians are required to register children under 14 within 30 days of their stay in the US. American Indians born in Canada, who meet certain criteria, are exempt from these rules.
Evan Green, an immigration lawyer and managing partner at Green and Spiegel in Toronto, noted that the new rules would affect travellers driving to the US but not passengers on aircraft who have already registered. He referred to the rules as “Draconian.”
In an interview with CTV News, Green remarked, “So, Canadians have pretty much been trusted travellers. We don’t need visas.”
Typically, Canadians travelling to the US for fewer than six months do not require a visa, although they must provide proof of Canadian citizenship.