U.S. President Donald Trump holds a signed executive order.Evan Vucci/The Associated Press
Federal officials drafted warnings about travelling to the U.S. for Canadians and permanent residents in response to executive orders issued by President Donald Trump this year but did not post them, internal documents obtained through access to information legislation show.
A document – entitled “Potential impact of EOs on Canadians travelling to the USA Draft travel advice updates” – was drawn up by Global Affairs’ C Branch, which deals with emergency management as well as travel advice.
One section (entitled “Scenarios and Options for Senior Management consideration. Communications to Canadians in the United States”) suggests Canadians consider returning home if they do not have proper documents to stay in the U.S.
Also addressed is an executive order entitled “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.” The American directive, issued on January 20, aims to enhance screening and vetting of foreign nationals entering the U.S.
American civil-rights groups have warned that the order may lead to the reinstatement of a ban on travellers from predominantly Muslim or Arab countries that Mr. Trump introduced during his first term as President. The American-Arab Anti-Discrimination Committee has said it relies on the same statutory authority that was used to justify that 2017 travel ban.
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The internal Global Affairs document, drawn up earlier this year, contains drafts of several potential travel advisories that could be issued in response, including versions to be used if bans for particular countries are introduced. Most of them reassure Canadian citizens and permanent residents that they would not be affected.
“The Government of Canada has been informed that Canadians travelling with a Canadian passport, including dual citizens who have Canadian citizenship and citizenship from one of the following X countries: INSERT COUNTRIES, will not be affected by the Executive Order,” the document says.
Another draft option reads: “Similarly, entry requirements for Canadian permanent residents with a valid Canadian permanent resident card and a passport from one of those seven countries remain unchanged because of the Executive Order.”
But another says: “Permanent Residents of Canada from one of the above seven countries should consult Customs and Border Protection (CBP) on the Executive Order for information on entry requirements.“
Federal civil servants also suggested specific updates to Ottawa’s official advice after Mr. Trump signed an executive order in January declaring that the U.S. government now recognizes only two sexes: male and female.
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It suggests a “generic update” to advice for Canadians with an X on their passport, rather than an F or M, that says “you might face entry restrictions in countries that do not recognize the ”X” gender identifier.” It adds: “Before you leave, check with the closest foreign representative for your destination.”
About 3,600 Canadians have X on their passport, according to the federal Immigration Department.
The government already offers general travel advice for transgender and non-binary Canadians, including that “foreign laws and customs related to sexual orientation, gender identity, gender expression and sex characteristics can be very different from those in Canada. As a result, you could face certain barriers and risks when you travel outside Canada.”
“Transgender advocate Fae Johnstone, executive director of Queer Momentum, a Canadian LGBTQ advocacy group, said she was pleased that officials were thinking about an update, but speculated that politicians may have vetoed its publication because “Canada is not wanting to pick new fights with Donald Trump.”
”We do need updated travel guidance for people who have X on their passport. It feels like there’s a way to do this which isn’t about picking a fight with America, but supporting trans folks,” she said.
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The U.S. has said that its border agents will recognize Canadian passports with an X.
The Global Affairs document was obtained by researcher Ken Rubin through an access to information request and shared with the Globe and Mail.
It emphasizes that, “It is too early to tell how the different EOs will impact Canadians travelling to the United States. The travel advice found in this document is subject to change and was drafted by making assumptions on the possible implications the EOs will have on Cansits” [Canadian citizens].
In March, Global Affairs updated its travel advice to make Canadians visiting the United States for periods longer than 30 days aware of a new U.S. rule requiring them to register with United States Citizenship and Immigration Services.
In April, it further updated its guidance, telling Canadians to “expect scrutiny” from U.S. border guards, who may look through phones and laptops. “Comply and be forthcoming in all interactions with border authorities. If you are denied entry, you could be detained while awaiting deportation.”
In a statement on Friday, Global Affairs spokesperson Charlotte MacLeod said, “The intent of the updates is to ensure Canadians have accurate information about travelling to the United States and that they know which U.S. Government sources to turn to for official advice.”
She added that, “Officials prepare in advance to respond to a variety of possible scenarios, based on new information, analysis of trends, and historical examples. This preparation includes developing draft templates of text that can be quickly adapted to respond to a specific situation if needed, based on the most recent information.”