New US Rule Requires Canadians Staying Over 30 Days to Register and Provide Fingerprints
A new interim final rule from the Department of Homeland Security (DHS) will require Canadians visiting the United States for more than 30 days to register with authorities and have their fingerprints taken. This policy change, set to take effect on April 11th, impacts a significant portion of Canadian visitors, potentially affecting travel patterns and cross-border relations.
The rule applies to all foreign nationals who cross the U.S.-Canada land border, specifically targeting those 14 years of age or older who intend to stay in the U.S. for a period of 30 days or longer. This marks a departure from previous practices and introduces a new layer of bureaucratic procedure for Canadian citizens entering the United States.
The timing of this announcement coincides with escalating trade tensions between the United States and Canada. Just as the rule was submitted to the Federal Registrar on Wednesday, Canada unveiled $21 billion in new tariffs on U.S. goods. This confluence of events raises questions about the potential motivations behind the new immigration policy and whether it is strategically linked to the ongoing trade dispute.
One group particularly affected by this change is the substantial population of Canadian "snowbirds"—retirees who typically spend the winter months in warmer U.S. states. These individuals, who previously enjoyed relatively unfettered access, will now be compelled to register with the government and undergo fingerprinting if their stays exceed the 30-day limit. Failure to comply with these requirements could result in fines and other penalties.
While the interim final rule mandates registration for all individuals over 14, it specifies that children under that age will not be fingerprinted. Instead, their parents or guardians will be responsible for registering them. The rule also offers a waiver for biometrics for Canadian business and tourist visitors who enter by land, as long as their stay remains under the 30-day threshold. However, these visitors are still obligated to register if they extend their trip beyond the stipulated duration.
DHS estimates that the affected population ranges from 2.2 million to 3.2 million individuals. This substantial number underscores the potential logistical challenges involved in implementing the new registration process and handling the influx of biometric data. The Department acknowledges that the rule primarily impacts those who are currently unregistered and who will now need to utilize the newly designated general registration form.
The initiative is rooted in President Donald Trump’s Inauguration Day executive order, which directed DHS to ensure that all immigrants are registered under the Immigration and Nationality Act (INA). In February, DHS and U.S. Citizenship and Immigration Services (USCIS) affirmed their intention to comply with this directive.
The INA, though in place for some time, has not been consistently enforced to its fullest extent. The law stipulates that non-citizens over 14 years old must register and be fingerprinted within 30 days of entry into the United States. Furthermore, all registered non-citizens over 18 years old are required to carry proof of registration with them at all times.
According to a February post on the USCIS website, once a non-citizen has registered and undergone fingerprinting (unless waived), DHS will issue evidence of registration. This evidence must be carried and kept in the personal possession of those over 18 years of age. The consequences of failing to comply with these regulations are significant, including potential criminal and civil penalties, misdemeanor prosecution, fines, and even incarceration.
USCIS acknowledged that while many non-citizens in the United States have already registered as required by law, a considerable number have lacked a direct means to register and fulfill their obligations under INA 262. To address this, USCIS has introduced a new form, G-325R, Biometric Information (Registration), along with an online process designed to facilitate registration and compliance with the law for unregistered non-citizens.
It is important to note that USCIS has emphasized that registration is not an immigration status and that registration documentation does not create an immigration status, establish employment authorization, or provide any other right or benefit under the INA or any other U.S. law. This clarification is crucial to prevent misunderstandings and to ensure that individuals understand the limited scope and implications of registration.
The implementation of this new rule is likely to raise a number of questions and concerns. Canadians planning to visit the United States for extended periods will need to familiarize themselves with the registration requirements and ensure that they comply in order to avoid potential penalties. The increased administrative burden could also impact cross-border tourism and business travel.
Furthermore, the timing of this policy change, amidst escalating trade tensions, adds a layer of complexity and uncertainty to the relationship between the United States and Canada. The long-term effects of the rule on cross-border relations and economic activity remain to be seen. The Canadian government has yet to make a formal response, and may respond in kind.
The situation is evolving, and it is essential for travelers to stay informed about the latest developments and any potential changes to the regulations. Checking the USCIS website for updates and consulting with legal professionals can help individuals navigate the new requirements and ensure compliance.
