Joel Sandaluk of Mamann Sandaluk LLP was interviewed on Global News Morning to discuss the rights of Canadian travellers when seeking admission to the United States. The interview explains what travellers can expect during a U.S. border examination and the broad authority that U.S. Customs and Border Protection (CBP) officers have when determining whether a person is admissible.
What U.S. Border Officers Can Ask and Search
Joel explains that U.S. border officers may ask detailed questions about the purpose of a traveller’s visit, their intended length of stay, their employment, family relationships, and other matters relevant to admissibility. Officers may also request access to electronic devices, including mobile phones and other personal devices, where they believe the contents may assist in determining whether a traveller intends to comply with the conditions of admission.
For example, officers may examine a device if they suspect that a traveller intends to work in the United States without authorization, such as after receiving a job offer, or if they believe the traveller intends to join a spouse or common-law partner for an extended stay that could result in an overstay of their temporary status.
Refusal of Admission and Withdrawal of an Application to Enter the USA
The interview also explains that admission to the United States is never guaranteed. If a U.S. border officer concludes that a Canadian traveller is inadmissible, the officer has the authority to refuse entry.
In many situations, the most practical option available to a traveller is to request permission to withdraw their application for admission rather than receive a formal refusal. Whether this option is available depends on the circumstances and the discretion of the examining officer. Joel notes that withdrawal of an application for admission may be more readily available at U.S. pre-clearance facilities located in Canadian airports than at land border crossings, although each case is assessed individually.
This informative interview provides valuable guidance for Canadians travelling to the United States, helping them understand the scope of U.S. border officers’ authority, their rights during the inspection process, and the practical options available if issues arise at the border.