Last Wednesday, Senator Bob Casey from Pennsylvania tried to stop a deportation on Twitter. The senator had been informed about the plight of a Honduran woman and her son who had tried to seek refuge in the United States after hit men killed her cousin in Honduras. She crossed the US/Mexico border in Texas in December 2015, but failed to pass her credible fear interview, which is necessary to seek asylum. After being held at a detention center in Pennsylvania with her son for over a year, she was going to be returned to Honduras that day.
Read moreNew York Times: "Why Even a Live-Tweeting Senator Couldn’t Stop a Deportation”
New York Times: “They Adopted Refugee Families for a Year. Then Came ‘Month 13.’”
The Canadian refugee program is one of the most unique in the world. In addition to government sponsorship and resettlement, the Canadian government allows private sponsorship for refugees. Private sponsors—who can be a mix of major organizations and smaller groups and individuals—are involved at every step of the resettlement process, from initial paperwork, maintaining communications pre-arrival, assisting with the screening process, and providing financial support for numerous aspects of the refugees’ lives in Canada, including travel, accommodation, and food, although the government still assists with certain expenses.
Read moreThe Guardian: “Canadians traveling to Women's March denied US entry after sharing plans”
Travelers from Canada to the presidential inauguration and Women’s March on Washington say they were denied entry to the US after telling border agents at a land crossing in Quebec about their plans. Sasha Dyck, a thirty-four-year-old nurse from Montreal, was one of a group of eight who tried to cross the US/Canada border at St. Bernard de Lacolle in Quebec and Champlain, New York. When the group—two of whom were French nationals and the rest Canadians—told the US Customs and Border Protection (CBP) agents about their plans, the agents told them to pull over. Agents searched their cars, examined their mobile phones, and each member of the group was fingerprinted and photographed. Agents told the two French citizens that they had been denied entry to the US and that any future visit to the US would now require a visa.
"Then for the rest of us, they said, ‘You’re headed home today,'" Dyck tells the Guardian. CBP warned the group that they would be arrested if they tried to cross the border again over the weekend. “And that was it, they didn’t give a lot of justification.” She made the same journey to attend Barack Obama’s inauguration in 2009. “I couldn’t even get in for this one, whereas at the other one, the guy at the border literally gave me a high five when I came in and everybody was just like, ‘Welcome’. The whole city was partying; nobody was there to protest Obama the first time.” Dyck tells Global News: “I hope it doesn’t represent a closing down or a firming up of the border, or of mentalities south of the border.”
In a separate incident, UK national Joe Kroese says that he, a Canadian, and two Americans were held at the same border crossing for three hours last Thursday. The group had traveled from Montreal—where Kroese is studying—and when they told agents they were considering attending the Women’s March, they were questioned, fingerprinted, and photographed. Kroese and his Canadian friend were refused entry because they were going to attend what one border agent claimed was a “potentially violent rally.” Kroese says that CBP advised them to not travel to the US for a few months, and that Kroese would need a visa for any future visits to the US. Kroese says another group of Canadians were also refused entry. "They searched the car and then they asked the driver if he practiced Islam and if he spoke Arabic,” he tells the Independent. They wanted to spook us a bit. It felt like a kind of intimidation."
In another incident, Montreal resident and McGill-student Joseph Decunha says he was denied entry when he told agents he was attending the inauguration and Women’s March. The group he was traveling with was brought in for secondary processing, where the border agent asked about their political views, Decunha tells the Canadian Broadcasting Corporation. “The first thing he asked us point blank is, ‘Are you anti- or pro-Trump?’” Decunha says he was fingerprinted, photographed and denied entry. “They told me I was being denied entry for administrative reasons. According to the agent, my traveling to the United States for the purpose of protesting didn’t constitute a valid reason to cross,” Decunha says. “It felt like, if we had been pro-Trump, we would have absolutely been allowed entry.”
US CBP says it does not discuss individual cases, and states in an email to the Guardian: “We recognize that there is an important balance to strike between securing our borders while facilitating the high volume of legitimate trade and travel that crosses our borders every day, and we strive to achieve that balance and show the world that the United States is a welcoming nation.” Scott Bardsley, the press secretary to Ralph Goodale, Canada’s public safety minister, in a statement defended US CBP agents for their actions. “When entering another country, including Canada, it has always been the case that goods accompanying a traveler may be searched to verify admissibility. Every country is sovereign and able to make its own rules to admit people and goods to manage its immigration framework, health and safety.”
More than one million individuals every day are admitted into the United States at its air, land, and sea ports, the agency reports, and an average of 600 people a day are denied entry for various reasons including national security concerns. Canadian nationals and nationals of those countries in the Visa Waiver Program are permitted to travel temporarily to the US without a visa for certain valid reasons. Valid reasons for such trips, according to CBP, include vacation, visit with friends or relatives, medical treatment, as well as “participation in social events hosted by fraternal, social, or service organizations.”
Even with reports of some turned away, the Huffington Post notes that in all likelihood many Canadians were able to cross the border to attend the march. According to Aaron Bowker, a public affairs officer for the CBP’s Buffalo field office in New York, the Buffalo office saw a fourteen percent increase in vehicular traffic last Thursday, Friday and Saturday, and that many of these admitted travelers were heading to events in D.C. He says that approximately 41,000 vehicles were processed over that three-day period and more than 100,000 passengers were inspected. Just over 95 people were denied entry, which is less than one percent of travelers who were processed. Bowker says that not all of those travelers denied entry were heading to D.C. Organizers for the Women’s March had arranged for some 650 people in buses from Canada to cross the border on last Friday night, and so far there were no reports these buses were prevented from entering the US.
Top 10 “Quick” Immigration Questions (Spoiler Alert: The Answers are Rarely Quick!)
As an immigration attorney much of my day is spent answering “quick” questions from current and potential clients. I know their heart is in the right place when they ask what they think will be a simple question, so I try to be gentle when I break the news that answers are frequently much more complicated than the questions when it comes to immigration law. So, I thought it might be useful (and interesting) to discuss some of the most common ones. (As always, this post is for informational purposes only and should not be taken as legal advice. We strongly recommend consulting an experienced immigration attorney for legal advice and guidance.)
Read moreToronto by Day
This weekend, I am up in Toronto to celebrate a reunion with my closest friends from law school. Yes, that’s right. Six attorneys are bringing their best New York attitudes to the Great White North. The rumors are true – everyone is so nice here! We rented an Airbnb with incredible views of the city. Here, you can see perhaps the most famous landmark in Toronto, the CN Tower. There have been talks about going to the top, but I’m a touch scared of heights so not sure I will be joining for that adventure. Cheers to a great weekend, eh!
Erik Ramberg: The DLG-Proust-Actors Studio Questionnaire
Born in Boston to a Canadian mother and Norwegian father, paralegal Erik Ramberg grew up in Vancouver and Oslo. His parents met in Kingston, Ontario at university, and as a child he learned to navigate the two cultures. “As a young kid moving back and forth it was hard to adjust to each, but looking back at it now I’m definitely grateful for that experience.” Both Canadians and Norwegians have the reputation for being polite and diplomatic folks, and Erik fits that mold. His cool but friendly demeanor and calmness under pressure is legendary. Seriously, people will be talking about if for years to come.
Read moreThe Other Side of the World
My Favorite International City
It’s officially springtime (yes, difficult to believe with this cold and depressing weather) and it’s time to get really serious about planning summer vacations and getaways (if you haven’t already). For inspiration, we thought we’d share our favorite international cities.
Matt Bray – Montréal
Montréal wins my vote. It has always appealed to me and I try to visit whenever I can. Its people are fun-loving and kind, fiercely independent, and its streets and neighborhoods manageable and attractive. Montreal has a lot of hustle and bustle, but is not a teeming metropolis the way New York is. It has great nightlife, restaurants and a ton of cultural attractions while remaining affordable and unpretentious. And I’m lucky to have some friends who live there so I not only get a free place to stay, but also enthusiastic, local guides. Mere hours from NYC, Montreal can also sometimes feel like you’re in Europe, thanks to the strong Francophone community. And I love Québec French!