Change to U.S. travel policy may affect Canadians. Here’s how

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Canadians planning to travel to the United States may be affected by a new policy that would have them register if they are south of the border for more than 30 days.

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The policy came into effect under the Immigration and Nationality Act (INA) on March 9.

According to an executive order, called Protecting the American People Against Invasion, put in place on Jan. 20, U.S. President Donald Trump is cracking down on those heading to the U.S., including Canadians. The travel policy comes amid rising tensions between the U.S. and Canada, with on-again off-again tariffs on Canadian goods as well as Trump repeated comments about Canada becoming the 51st state.

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Although some details have yet to be shared by the U.S. Citizenship and Immigration Services (USCIS) — such as the registration form and process — the agency has provided information about the requirements for Canadians and other foreign nationals with long-term travel plans.

Global Affairs Canada told the National Post in an emailed statement that they are aware of the “guidance” from USCIS, which was published on Feb. 25 online. “Each country decides who enters its borders. The decision to travel is the sole responsibility of the traveller,” the department said.

Here’s what we know.

Why is there a new U.S. travel policy?

Section one of Trump’s executive order states that “millions of illegal aliens” have crossed the American border “or were permitted to fly directly into the United States on commercial flights and allowed to settle in American communities, in violation of longstanding federal laws.”

The purpose of the order is to enforce immigration laws to ensure “the national security and public safety” of Americans.

What does the U.S. travel policy say?

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USCIS has a webpage with information about the new policy, which is called the Alien Registration Requirement.

It pertains to a section of the INA that says it is the duty of “every alien now or hereafter in the United States” who is 14 years or older and who is going to remain in the U.S. for 30 days or longer to “apply for registration and to be fingerprinted before the expiration of such thirty days.”

It says that the text “contains those laws in effect on March 9, 2025.”

“Registration is not an immigration status, and registration documentation does not establish employment authorization or any other right or benefit under the INA or any other U.S. law,” says the agency.

Do all Canadians planning a 30-day trip or longer have to register?

No, some Canadians do not have to register because they are qualified to be in the U.S.

The USCIS webpage explains that those who are considered to be already registered are foreign nationals, including Canadians, who were admitted to the United States as nonimmigrants and were issued a paper or electronic form I-94 or I-94W, even if the period of admission has expired.

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The forms are arrival/departure records for the U.S. Department of Homeland Security (DHS) for travellers “who are admitted to the U.S., who are adjusting status while in the U.S., or extending their status, among other uses,” per the American federal government.

The paper form is no longer provided to travellers, except in limited circumstances, U.S. Customs and Border Protection says. Travellers who need to check the status of their form can do so online. The form has no impact on a traveller’s ability to enter the country.

According to the Canadian Snowbird Association, a form is automatically generated for most Canadians upon arrival into the United States. Those who were issued a form do not have to take any further steps, per the association.

“In some situations, an I-94 may not have been generated,” the association says. This could be due to how the traveller entered the country — by land, sea or air. Snowbird Advisor says that “Canadians who enter the United States through a land border are generally not issued an I-94 when they arrive in the U.S.”

Canadian visitors at land ports of entry who were not issued evidence of registration must register, the USCIS webpage says.

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What about Canadians already in the United States?

Canadians who are already in the United States must register if they are not qualified to be in the U.S. as outlined by the Alien Registration Requirement (e.g. they did not receive an I-94 form upon arrival prior to March 9.)

The USCIS says a “significant” number of foreign nationals present in the U.S. have had no direct way to register. Therefore, the agency is “establishing a new form and process by which they may register.”

How can Canadians register?

Canadians and other foreign nationals can register with a form, according to the USCIS webpage.

The agency recommends that, beginning on Feb. 25, those who anticipate having to register should create an online account “in preparation for the registration process.”

What does this mean for Canadians, especially snowbirds?

Retired Canadians known as snowbirds travel to warm states during the winter months to escape the cold. This new policy means adding another step to their travel planning. There’s an estimated one million Canadian snowbirds who head south each winter, CBC News and the Globe and Mail reported.

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The Canadian Association of Retired Persons (CARP) says the “upheaval in policy implementation demands vigilance, as failure to comply could result in civil or criminal penalties.”

“Snowbirds should closely monitor evolving U.S. policies to ensure compliance and avoid unexpected disruptions to their travel plans,” says CARP.

So, what happens to Canadians who don’t comply?

“Failure to comply will result in criminal and civil penalties, up to and including misdemeanour prosecution and the payment of fines,” according to the USCIS webpage.

“No alien will have an excuse for failure to comply with this law.”

How can Canadians stay informed about travel to the U.S.?

The federal government offers travel advice and recommendations about entry requirements to countries online. As of March 10, the webpage does not have specific information about the new Alien Registration Requirement.

The USCIS said it will update its webpage to provide additional information “in the coming days.”

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